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SPECIAL PROCEEDINGS
SANG H. BUSAN,
NO.: 2290
DECEASED.
FOR: PROBATE OF WILL
ANNA MARY KYEONG S. BUSAN
-PETITIONER.
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PETITION
COMES NOW THE PETITIONER, ANNA MARY KYEONG S.
BUSAN, in her capacity as the named executor in the last will and testament
of the deceased PETER SANG H. BUSAN before this Honorable Court
most respectfully avers the following:
1. That the Petitioner is of legal age, married, Filipino and resident of No.
458 Lacanienta St. Brgy. Sta. Rosa, Cainta, Rizal, where she can be
served with summons and other processes of this Honorable Court;
2. That Petitioner is the daughter and the executor named in the last will
and testament of PETER SANG H. BUSAN, deceased, who died in
the City of Manila, on August 31, 2016, hereto attached and marked
as Annex A of this petition is the death certificate;
3. That the testator at the time of his death was a resident of No. 458
Lacanienta St. Brgy. Sta. Rosa, Cainta, Rizal at the time of his death;
4. That said PETER SANG H. BUSAN executed and left said last will
and testament in accordance with the formalities of the Republic of
the Philippines, said last will and testament dated January 10, 2010 is
hereto attached as Annex B and made an integral part of this
petition, the original thereof to be presented to this Honorable Court at
the time of the probate;
5. That the subscribing witnesses to said will are: Jack Young, of legal
age, single, Filipino and a resident of No. 456 Lacanienta St. Brgy. Sta.
Rosa, Cainta, Rizal; Jean Hee, of legal age, single, Filipino and a
resident of No. 574 Lacanienta St. Brgy. Sta. Rosa, Cainta, Rizal; and
Sue Ann Cruz of legal age, single, Filipino and a resident of Room
105 Maui Oasis Matuko St. Brgy. Sta. Rosa, Cainta, Rizal;
6. That when the testator passed away, he was married to Sandra Cam
Busan. Both his parents had long passed away prior to his death. He is
survived by the following persons as his heirs.
P5,000,000.00
Lot in Manila
1,000,000.00
Less:
Bad debts
500,000.00
Net Estate
P4,500,000.00
9. That the testator, at the time of the execution of the said will, was 53
years old, of sound and disposing mind, and not acting under duress,
fraud, or undue influence and was in every respect capacitated to
dispose of his estate by will.
1ST CAUSE OF ACTION: PROBATE OF THE WILL
10. Petitioner respectfully seeks probate of the aforesaid will in
accordance with the requisites of the law of the Philippines.
2ND CAUSE OF ACTION: PARTITION OF THE ESTATE IN
ACCORDANE WITH THE INSTRUCTION OF THE WILL.
11. If the Will is allowed in this probate, the properties of the late PETER
SANG H. BUSAN be distributed in accordance with the provisions
and instructions in the Will.
PRAYER
Wherefore, premises considered, it is respectfully prays upon this
Honorable Court that judgment be rendered declaring:
(a) A place and time be set for proving the last will and testament of
PETER SANG H. BUSAN;
(b) That due notice be provided in accordance with the Rules of Court;
(c) That after proper hearing, said will and testament be admitted to
probate and letters testamentary be issued to herein petitioner.
(d) In the event the will is allowed, the estate be distributed in
accordance with the said will.
Other remedies just and equitable and necessary in order to achieve
the ends of justice under the premises are likewise prayed for.
Respectfully submitted.
City of Manila, Philippines, September 15, 2016.
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.