Rivera Padró v. Rivera Correa

93 P.R. 195
CourtSupreme Court of Puerto Rico
DecidedFebruary 23, 1966
DocketNo. R-63-253
StatusPublished

This text of 93 P.R. 195 (Rivera Padró v. Rivera Correa) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera Padró v. Rivera Correa, 93 P.R. 195 (prsupreme 1966).

Opinion

Mr. Justice Hernández Matos

delivered the opinion of the Court.

This appeal was taken from a judgment of the Arecibo Part of the Superior Court. The question therein is the scope of power of the courts in construing testamentary clauses.

On July 1, 1953, Pedro Rivera Méndez, aged 70, a farmer and resident of Utuado, executed an open will in the city of Arecibo before Notary Isaías Manuel Crespo. He had at that time six children whose names and surnames, as disclosed by the documentary evidence offered, are: (1) Isabel Rivera; (2) Ramona Rivera Correa, bom in August 1927; (3) Manuel Francisco Rivera Correa, born in August 1931; (4) Pedro Rivera Padró, born in November 1933; (5) Maria Rafaela Rivera. Padró, born in September 1935; and (6) Ramón Eustaquio Rivera Padró, born in March 1938.

The testator had contracted first marriage with Carmen Olivo Quiñones on July 1, 1919. He became a widower on February 27, 1929.

He set forth in his will that in his extramarital relations from 1914 to 1931 with Evangelista Correa Molina, known [197]*197as Lita Correa, he begot his first three children named Isabel, Ramona and Manuel Francisco Rivera Correa. Also, that he had contracted second and last marriage with Carmen Padró Toledo in 1932, having begotten Pedro, María Rafaela and Ramón Eustaquio Rivera Padró.

Pedro Rivera Méndez died on December 5, 1956, under that open will. He was survived by the aforesaid six children, as sole descendants, and his second wife, Carmen Padró Toledo. The latter died on November 14, 1959.

In that will the testator also declared that he owned three small parcels of land situated in the Municipality of Utuado, and in its second, third, fourth, fifth and sixth clauses he directed:

“Second: That he is 70 years old and is the legitimate son of Ramón Rivera and Sebastina Méndez, both deceased, and is married to Carmen Padró, having begotten by that marriage three children named Pablo, aged 20; Rafaela, aged 18; and Ramón, aged 16; and that he also has three other children named Isabel, aged 30; Ramona, aged 25; and Manuel, aged 22, born of his marital relations with Lita Correa.
“Third: That he bequeaths to his wife, Carmen Padró, the entire free third without any limitation whatsoever.
“Fourth: That he leaves the entire extra portion to his children, Pablo, Rafaela and Carmen, begotten by his marriage to Carmen Padró.
“Fifth : That he bequeaths in favor of his daughter Isabel, the daughter also of Lita Correa, a parcel of two cuerdas of land, to be given her together with the parcel belonging to her in the inheritance, and since the said legatee possesses at present a parcel equal to Five Cuerdas, bounded on the North by the Heirs of Maximino Flores, on the West by Gerardo Portalatin, and on the East and South by the main property of the testator and which probably belongs to the said legatee.

Three Cuerdas of land by inheritance from the testator, as well as the legacy of Two Cuerdas, both parcels shall constitute the property of Five Cuerdas described hereinabove which the aforesaid daughter possesses at present.

[198]*198“Sixth : That he designates and institutes- as his sole universal heirs in the remainder of his property his children, Pablo, Rafaela and Ramón, begotten by his marriage to Carmen Padró, and his children, Isabel, Ramona and Manuel, begotten in his marital relations with Lita Torres.” (Italics ours.)

On March 15, 1060, the children, Pedro, María Rafaela and Ramon Eustaquio Rivera Padró and Ramona Rivera Correa, filed (in an action commenced in November 1959) an amended complaint in the Arecibo.Part of the Superior Court for “Amendments to a Will,” against their sister Isabel and brother Manuel Francisco Rivera Correa. After setting forth the pertinent part of the text of the said open will and the demise of testator Pedro Rivera Méndez, they alleged therein:

“That when executing the said will several errors were committed in the names of the heirs which appear to be mistaken, it being useful, necessary and convenient for the heirs of the said decedent to amend the said will since heir Pedro Rivera Padró appears in the will under the name of Pablo, heiress María Rafaela Rivera Padró appears in the will under the name of Rafaela, heir Manuel Francisco Rivera Padró appears in the will under the name of Manuel, heir Ramón E. Rivera Padró appears in the will under the name of Ramón. Heirs Pablo, Rafaela and Carmen appear in the fourth clause of the will instead of Pedro, María Rafaela and Ramón E. The' name of Isabel’s mother appears in the will as Lita Correa instead of Evangelista Correa. And if the will is amended in the manner sought, the names of the said heirs and of the other persons connected with them will appear with their real names'.”

Manuel Francisco Rivera Correa answered the amended complaint on October 22, 1962, admitting all the averments therein. In May 1963 codefendant Isabel Rivera Correa answered the amended complaint under the name of “Maria Isabel Rivera Olivo.” She denied all the averments and also-alleged :

[199]*199“As Matter of Defense:
“The defendant alleges: That she is the legitimate daughter of Pedro Rivera Méndez and of his wife, Carmen Olivo Quiño-nes, and that defendant Maria Isabel Olivo was born on January 5, 1925, in Lares, Puerto Rico.
“Wherefore, I respectfully pray this Hon. Court to dismiss the complaint and, consequently, to declare that Maria Isabel Rivera Olivo is the legitimate daughter of Pedro Rivera Méndez and Carmen Olivo, and to impose on plaintiffs the costs, expenses and attorney’s fees.”

The case went to trial. Plaintiffs’ oral evidence consisted of the oral testimonies of Pedro and Ramón Rivera Padró, Isabel Rivera Correa and Evangelista Correa Molina. The documentary evidence, of some 15 pieces of evidence, consisted of several copies of public deeds, a judgment in a proceeding for declaration of heirship, several certificates of the Registry of Vital Statistics and copies of certain baptismal certificates. The evidence of codefendant Isabel Rivera Correa consisted only of her testimony and of copy of her birth record as daughter of Carmen Olivo Quiñones, the testator’s first wife, made on January 5, 1925, under the name of “Maria Isabel Rivera Olivo.”

The trial court rendered judgment on September 27, 1963, “dismissing the complaint in this case, with prejudice.” It made no pronouncement on defendant’s “Matter of Defense.”

Plaintiffs timely requested a writ of review. We issued it on January 31, 1964, but for the purpose of reviewing the judgment appealed from “as respects the filial conclusion of defendant Isabel Rivera Correa.” On May 28, 1965, at the request of appellants, we enlarged “the sphere, scope and effects of the writ of review in the present appeal, on all possible reviewable aspects, points and matters of which the final judgment appealed from may be the object.” We granted to each party a term of 30 days to file additional briefs and [200]*200to attach to the record any complementary documents they may wish to offer.

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Bluebook (online)
93 P.R. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-padro-v-rivera-correa-prsupreme-1966.