Remedial Law, 2010 Bar — Question XV

ESSAY

Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the time of his death, bequeathed to Winston a sum of money to purchase an annuity. Upon Pedrillo’s demise, his will was duly probated in Los Angeles and the specified sum in the will was in fact used to purchase an annuity with XYZ of Hong Kong so that Winston would receive the equivalent of US$1,000 per month for the next 15 years. Wanting to receive the principal amount of the annuity, Winston files for the probate of Pedrillo’s will in the Makati RTC. As prayed for, the court names Winston as administrator of the estate. Winston now files in the Makati RTC a motion to compel XYZ to account for all sums in its possession forming part of Pedrillo’s estate. Rule on the motion. (5%)

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