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BEATRIZ F. GONZALES v. ZOILO AGUINALDO

This case has been cited 1 times or more.

2012-10-10
PEREZ, J.
The paramount consideration in the appointment of an administrator over the estate of a decedent is the prospective administrator's interest in the estate.[9]  This is the same consideration which Section 6, Rule 78 takes into account in establishing the order of preference in the appointment of administrator for the estate.  The rationale behind the rule is that those who will reap the benefit of a wise, speedy and economical administration of the estate, or, in the alternative, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly.[10]  In all, given that the rule speaks of an order of preference, the person to be appointed administrator of a decedent's estate must demonstrate not only an interest in the estate, but an interest therein greater than any other candidate.