The two executors of the will of Sen. Jamby Madrigal’s late billionaire aunt asked yesterday the judge who handled the probate proceedings to inhibit himself from hearing any of their motions.
Lawyers Perry Pe and Aurelio Montinola said Judge Oscar Pimentel of Makati Regional Trial Court Branch 148 was trying to rewrite the will of Doña Consuelo “Chito” Madrigal.
“(Pimentel did not) consider the fact that a testator is allowed, subject to the formalities prescribed by law, to dictate the objects of his estate to be disposed of, as well as the manner by which such objects are to be distributed to his named beneficiaries,” they said.
The executors are questioning Pimentel’s decision for Chito Madrigal’s properties to be governed by mixed succession when he limited the amount covered by the will to about P26 million.
In his July 2, decision, Pimentel said Chito Madrigal’s properties not mentioned in the will should be covered by the rules of legal succession.
Based on that order, Sen. Madrigal asked the court to divide Chito Madrigal’s estate, believed to be worth billions, among her 13 legal heirs.
However, the executors said Pimentel was wrong in ordering that Chito Madrigal’s properties outside the will be subject to mixed succession.
“Mixed succession is improper because Doña Chito Madrigal provided, not only for the disposition of specific properties in her last will and testament, but also her residuary estate, the value of which is still supposed to be determined by the executors,” they said.
Based on the argument of the executors, the estate of Chito Madrigal should be divided among Maria Susana Madrigal-Eduque, Sen. Madrigal’s sister; and her cousins, Gizela Montinola and Vicente Gustav Warns.
Chito Madrigal left her properties specified in her will to Madrigal-Eduque, Montinola and Warns.