Special Proceedings Flashcards
(101 cards)
1
Q
Is the estate of the deceased person burdened with lien of creditors?
A
Yes. Upon the death of a person, all his property is burdened with all his debts.
His death creates an equitable lien for the benefit of the creditors.
This lien continues until the debts are extinguished.
2
Q
Statute of Non-Claims
A
This is the period fixed by law for the filing of certain claims against the estate. Certain creditors of a deceased person must present their claims for examination and allowance within a specified period.
SPECIFIED PERIOD: Shall not be more than 12 months nor less than 6 months after the first date of publication of the notice.
3
Q
Are extensions allowed under the Statute of Non-Claims?
A
Yes. Money claims against the estate may be allowed any time before an order of distribution is entered AT THE DISCRETION OF THE COURT FOR CAUSE AND UPON SUCH TERMS AS ARE EQUITABLE.
4
Q
86 - What claims must be filed before the probate court under the notice?
A
- All money claims against the decedent arising from contract , express or implied, whether the same be due, not due or contingent
- All claims for funeral expenses and expenses for the last sickness of the decedent; and
- Judgment for money against the decedent. The judgment must be presented as a claim against the estate, where the judgment debtor dies before levy on execution of his properties.
5
Q
Who will administer the estate left by the decedent if he dies intestate, fails to name an executor or such executor is incompetent or refuses the trust or furnishes the bond?
A
The estate shall be judicially administered and the competent court shall appoint a qualified administrator in the order established in section 6 of Rule 78.
6
Q
Who are incompetent to serve as executors?
A
No person is competent to serve as an executor or administrator who is:
1. A minor
2. Not a resident of the Philippines
3. In the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence or want of understanding or integrity or conviction of an offense involving moral turpitude (DIWC)
7
Q
Differentiate an Executor and an Adminstrator
A
E - person expressly named by the deceased in his will to Administer, Settle and Liquidate his estate.
A - Appointed by the intestate court to administer the estate of a deceased who:
a. dies without a will
b. did not name an executor if there was a will
c. if named, he is incompetent, refuses the trust or fails to furnish a bond
d. will is declared void
8
Q
Letters Testamentary vs Administration
A
T - Authority issued to an executor named in a will to administer the estate
A - authority issued by the court to a competent person for one who died intestate
9
Q
Order of preference in granting letters of administration
A
- To the surviving husband or wife, or both, in the discretion of the court, or to such person as the H/W, or next of kin requests to have appointed, if competent or willing to serve
- If such surviving H/W or next of kin, or person selected by them is INCOMPETENT OR UNWILLING or NEGLECTS FOR 30 days after the death of the person to apply for adminstration - it may be granted to one or more of the principal creditors if competent and willing to serve
- If there is no such creditor competent and willing to serve, it may be granted to such other person the court may select.
10
Q
Rationale on Order of preference in granting letters of administration
A
Those who will reap the benefit of a wise, speedy and economical adminstration of the estate will likewise suffer consequences in the waste, improvidence or mismanagement. These people have the highest interest to administer the estate correctly.
11
Q
Is Order of preference in granting letters of administration absolute?
A
No. It depends on the attendant facts and circumstances of each case. Example - case where adminstrator failed to submit report within 7 years from appointment
12
Q
In the Order of preference in granting letters of administration, due legitimate children have a superior right over illegitimate children?
A
No. Preference given to the SS, next of kin or creditors is not absolute. However, this rule is not absolute.
Appointment greatly depends on the attendant facts and circumstances of each case. The principal consideration is the interest in said estate of one to be appointed as administrator.
13
Q
Scope or limit of administration
A
Administration extends only to the assets of a decedent found within the state or country where it was granted.
14
Q
Who may file an opposition to the issuance of letters testamentary?
A
Any interested person may state in writing the grounds why letters testamentary should not issue to specific persons.
15
Q
Who may file a petition for letters of administration? Define an interested party
A
Must be filed by an interested party.
An interested party is one who would be benefited in the estate such as an heir , or one who has claims against the estate.
16
Q
Enumerate the contents of a petition for letters of administration
A
- Jurisdictional facts
- Name, ages residence of the heirs, creditors and decedent
- Probable value and character of the property of the estate
- Name of the person to whom LoA are prayed.
17
Q
Grounds for opposition for petition for administration?
A
By filing a written opposition, contest the petition on the ground of
1. incompetency of the person to whom letters of are prayed therein
2. contestant’s own right to the administration
18
Q
When can the court appoint a special administrator?
A
When there is delay in granting letters testamentary or administration occasioned by an appeal
19
Q
Does Order of preference in granting letters of administration apply to special administrators?
A
No. Appointment of SA’s lies entirely in the sound discretion of the court.
20
Q
Regular Administrator vs Special Administrator
A
RA - Appointed when intestate, no will, void will, or executor fails to furnish bond or accept the trust
SA - appointed when there is delay in granting letters testamentary or administration
RA - obliged to pay debts of the estate
SA - not obliged to pay the debts of the estate
RA - subject to order of preference
SA - not subject to order of preference
21
Q
What is the effect if a will is later discovered during an intestate proceeding?
A
Proceedings for the probate of the latter should discontinue or suspend the intestate proceedings even if at that stage, an administrator had been appointed AND let the probate of the will
Consolidate the intestate with the testate proceedings and the court hearing the testate proceedings will be the one to hear both proceedings
Replace the testate with the intestate proceedings.
This is all subject to the sound discretion of the court handling the intestate proceedings.
22
Q
Does the discovery of the will ipso facto nullify the letter of administration?
A
No. The will must be proved and allowed in order to revoke the LoA.
23
Q
Define Liquidation
A
- Determination of all assets of the estate and payment of all debts and expenses. Approval of partition does not terminate administration
24
Q
Grounds to remove or accept the resignation of an executor or adminstrator
A
- AE neglects to render his account and settle his estate according to law.
- Neglects to perform an order or judgment of the court, or a duty provided by the RoC
- Absconds, becomes insane or otherwise incapable or unsuitable to discharge the trust
These grounds are not exclusive.
25
Period in which the AE is to make a return of the inventory and appraisal of the estate.
AE is duty bound to make an inventory and appraisal of all real and personal proerpty of the estate which has come into his possession or knowledge within 3 months after his appointment.
This 3 month period is not mandatory
26
What are administration expenses?
Those which are necessary for the management of the estate, for protecting it against ddestruction or deterioration, and for the production of fruits.
Its management for purposes of liquidation, payment of debts and distribution of the estate among persons entitled thereto
27
Necessary Expenses
Expenses entailed for the preservation and productivity of the estate and for its management for purposes of liquidation, payment of debts and distribution of residue among persons entitled thereto.
28
Remedies to collect Atty.s' fees in estate proceedings?
IF RENDERED IN AID OF EXECUTION OF TRUST - AE is liable for the fees but can move for reimbursement from the estate.
IF RENDERED IN LITIGATION INVOLVING SUCH AE - Atty's fees is chargeable to the estate.
The Atty. may either file an independent action against the AE orfile a petition in the administration proceedings for te probate court to allow the same.
29
General Powers and Duties of Administrators?
1. At all times shall have access to, and may examine and take copies of, books and papers relating to the partnership business
2. May examine and make invoices of the property belonging to such partnership
3. Maintain in tenantable repair the houses and other structures and fences belonging to the estate, and deliver the same in such repair to the heirs or devisees when directed so to do by the court
4. Shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of admninstration
30
Can an executor or administrator profit by an increase or lose by decrease in value?
No. Section 2. Not to profit by increase or lose by decrease in value. — No executor or administrator shall profit by the increase, or suffer loss by the decrease or destruction, without his fault, of any part of the estate.
31
When should an executor or administrator render an account? Is the period mandatory?
Every AE must render an account of his administration within 1 year from the time of receiving the letters TA
Yes the period is mandatory. The only exception is when the court otherwise directs because of extensions of time presenting claims against the estate, payments of debts or disposing of assets of the estate.
32
May a party whose claim is contingent compel the administrator to render an accounting?
No. A person whose claim is contingent has no right to demand the same.
33
What is the significance of publication of notice to creditors?
It is a constructive notice to all. Hence, a creditor cannot be permitted to file his claim beyond the period fixed in said notice on the bare ground that he had no knowledge of the administration proceeding.
34
What are the three distinct and alternative remedies available to mortgage creditor upon the death of the mortgagor?
1. Waive security mortgage and claim the entire debt from the estate as an ordinary claim. Choosing this excludes option to file a foreclosure suit.
2. Foreclose the mortgage judicially and prove any deficiency as an ordinary claim. This suit is filed against the AE.
3. Extrajudicial Foreclosure. Rely on the mortgage and foreclose the same at any time before it is barred by prescription. This mode precludes one from recovery from any balance of indebtedness against the estate and frees the latter from any liability.
35
Actions that may be commenced against the AE?
1. Recovery of real or personal property or any interest therein from the estate;
2. Enforcement of a lien thereon;
3. Action to recover damages for any injury to person or property, real or personal
These are actions that survive the death of the decedent.
36
What actions may NOT be brought against the AE?
A claim for recover of money or debt or interest therein may not be commenced against the AE. It must be against the estate itself.
37
When may heirs sue for recovery of the property of the estate represented by an AE?
1. If the AE is unwilling to bring the suit
2. When the AE is made a party defendant where he is alleged to have participated in the act complained of
3. When there is no appointed AE
38
Is a judicial declaration of heirship necessary in order for an heir to assert his right to the estate of the deceased?
No. Rights to succession are transmitted from the moment of death of the decedent. A judicial declaration of heirship is not necessary for an heir to assert his right.
39
Where a special proceeding had been finally close and terminated, what is the remedy ofa n heir who lost the right to declare himself as a co-heir?
An ordinary civil action can be filed for his declaration as heir in order to bring about the annulment of the partition or distribution or adjudication of a property/ies belonging to the estate.
40
Does the probate court have the power to issue a writ of execution to pay claims?
GR: No. Proper procedure is to order:
1. the sale of personal estate
2. mortgage of real property
XP:
1. To satisfy the distributive shares of devisees, legatees and heirs in possession of the decedent's assets
2. To enforce payment of the expenses of partition
3. To satisfy the costs when a person is cited for examination on probate proceedings
41
Are heirs liable for outstanding claims against the estate?
GR: No, they are not required to respond with their own property for the debts of their deceased ancestors.
XP: After partition, heirs and distributees are liable individually for the payment of all lawful outstanding claims against the estate *in proportion to the amount of the value of property that they have respectively received from the estate*
42
When must the order for the distribution of residue be made?
After the payment of the debts, funeral charges, expenses of administration, allowance to the widow, inheritance taxes chargeable to estate have been paid
The court, *upon application of the AE or of a person interested in the estate* and after hearing upon notice shall assign the residue of the estate to persons entitled to receive the same.
*No distribution shall be allowed until the payment of the obligations named above UNLESS THE DISTRIBUTEEES FILE A BOND in a sum to be fixed by the court*
43
May the court hear and determine questions as to advancement made by the decedent?
Yes. Questions as to advancements made or alleged to have been made by the deceased to any heir may be heard and determined by the court. The final order thereon shall be binding on the person raising the question and on the heir.
44
By whom are expenses of partition paid?
Expenses of partitions are to be paid :
1. By the executor or administrator if at the time of the distribution he retained sufficient effects in his hands as long as it is equitable and not consistent with the intention of the testator
2. by the parties in proportio to their respective shares or interests
45
What is the effect of a final decree of distribution?
It vests title to the land of the estate to the distributees.
If the decree is erroneous, it should be corrected by opportune appeal, for once it becomes final is is binding like any action in REM
46
What is the remedy of an heir who has not received his share?
File a motion with the probate court for delivery to him of his share or if the estate proceedings have been closed, he should file a motion for the reopening of the proceeding.
47
When is a petition for escheat proper?
Where a person dies intestate leaving no heir or person by law entitled to the same, the OSG may file a petition with the RTC of the province where the deceased last resided or in which he had estate of he resided out of the PH.
48
When is an escheat proceeding proper even if the decedent died testate?
When the will was not allowed to probate, it is as if he died intestate and he has no heirs and there are no persons entitled to his property.
49
In an escheat proceeding, to whom shall the estate be assigned to?
Personal estate shall be assigned to the municipality or city where he last resided in the PH and
the real estate shall to the municipalities or cities in which the same are situated.
50
When must the claim against the property already escheated to the government be made?
Give the rationale for this period.
Within 5 years from the date of the escheat judgment.
This 5 year period is not a device capriciously conjured by the state to defraud any claimant, on the contrary , it is prescribed to would be claimants to be punctual in asserting their claims
51
What is the consequence if the claim on the escheated property is made after the lapse of the 5 year period
The right to claim the property is lost and the escheat judgment can no longer be annulled.
52
May the trial court convert an escheat proceeding to an ordinary special proceeding?
No. They are two different actions and the requirements for vesting jurisdiction are likewise different
53
Can deposit or credit balance be the subject of an escheat proceeding?
It depends.
In the case of dormant accounts, the State inquires into the status, custody and ownership of the unclaimed balance to determine WON the inactivity was brought about by the death, absence or abandonment of the depositor.
If after the proceedings, the property remains without a lawful owner, it shall be reverted to the State.
If claimants come forward, the court shall determine WON they are entitled to the same.
54
Define Guardianship
It is a trust relation of the most sacred character, in which the guardian acts for the ward whom the law considers the latter as incapable of managing his own affairs.
55
Differentiate a guardian and a limited guardian
A general guardian is one whose responsibility is over the person of the ward or over his property
A limited guardian's authority is over the property only.
56
Who is a legal guardian?
A person who, without the need of judicial appointment, is designated as such by provision of law as in the case of parents over their minor children.
57
Which court has jurisdiction over guardianship proceedings?
Incompetents who are not minors - RTC
Minors - Family Court
Venue* - residence of minor or incompetent or if they are non-residents where their property may be situated.
58
Who may petition for appointment of a guardian for:
A. Minor
B. Incompetent
A. Minor
1. Any relative
2. Any other person on behalf of the minor
3. The minor himself if 14 or older
4. Secretary of DSWD or DOH *in case of an insane minor who needs to be hospitalised*
B. Incompetent
1. Any relative
2. Friend
3. Other person on behalf of the resident incompetent who *has no parents or legal guardian*
4. Director of Health in favor of an insane person who should be hospitalized
5. Any one interested in the estate of a non-resident incompetent
59
Contents of the petition for guardianship over a minor
1. Jurisdictional Facts
2. Name, age and residence (NAR) of the prospective ward
3. Ground rendering the appointment necessary or convenient
4. Death of the parent of the minor or termination of parental authority
5. Remarriage of the minor's surviving parent
6. NAR of relatives within the 4th civil degree and of persons having them in their custody
7. Probably Value, character and location of the property of the minor
8. NAR of the person for whom letters of guardianship are prayed
60
Contents of the petition for guardianship over an incompetent
1. Jurisdictional Facts
2. Incompetency of the person rendering the appointment of a guardian necessary
3. Probable value and character of his estate
4.NAR of the relatives of the incompetent and persons under their care
5. Name of persons whom letters of guardianship are prayed
61
Factors considered in appointing a guardian
| FPSP MHP
1. Financial Situation
2. Physical Condition
3. Sound Judgment
4. Prudence and trustworthiness
5. Moral Character and conduct
6. Present and post history of the prospective appointee
7. Probability of his being able to exercise the powers and duties of a guardian when guardianship is necessary
62
When may a guardian file a petition with leave of court to sell or encumber the estate of the ward>
1. When the income of an estate under guardianship is insufficient to maintain the ward and his family
2. To maintain and educate the ward when a minor
3. When it appears that it is for the benefit of the ward that his real estate or some part thereof be sold, mortgaged, or otherwise encumbered *Proceeds thereof must be put out at interest, or invested in some productive security for the benefit of the ward*
63
General powers and duties of a guardian?
1. Have care and custody of the person of the ward and management of his estate
2. Pay the debts of the ward
3. Settle account and collects debts and appear in actions for the ward
4. Manage the estate of the ward frugally and apply proceeds thereof to the ward
5. Render verified inventory within 3 mos. of appointment
6. Present his account to the court for settlement and allowance
64
Grounds for termination of the guardianship of the minor
1. Ward has come of age
2. Death of ward or guardian
65
Grounds for termination of the guardianship of the incompetent
1. Competency of the ward has been judicially determined
2. Guardianship is no longer necessary
3. Death of the ward or guardian
66
Paramount criteria in custody disputes
Welfare and well-being of the child. Take into account the respective resources and social and moral situations of the contending parents.
67
Tender Age Presumption
In general, custody of children under seven years of age is awarded to the mother, based on the Tender Years Doctrine. This doctrine holds that the child's welfare is best served when he or she is under the care of the mother during their formative years.
XP: May be overcome by compelling evidence of the mother's unfitness.
68
Instances of a mother's unfitness
| NAMI HIDU
Neglect
Abandonment
Maltreatment of the child
insanity or affliction with a disease
habitual drunkenness
immorality
Drug addiction
unemployment
69
Difference between Rules on Guardianship vs. A.M. No. 03-02-05
A.M. No. 03-02-05 covers the person or the property of the ward or both. Rules on Guardianship only deals with incapacitated persons who are 18 or older. If the incapacitated person is a minor, A.M. No. 03-02-05 shall apply.
70
Who shall exercise guardianship over a minor without court appointment?
| A.M. No. 03-02-05
The father and the mother shall exercise joint legal guardianship opver the person and property of their unemancipated children
71
Venue for filing a petition for guardianship?
| A.M. No. 03-02-05
Family Court of the province or citty where the minor actually resides. If he resides in a foreign country, the petition shall be filed with Family Court where his property or any part thereof is situated.
72
Grounds for appointment of a guardian
| A.M. No. 03-02-05
- death, continued absence or incapacity of his parents
- suspension, deprivation, or termination of his parental authority
- marriage of the surviving parent if the latter is found unsuitable to exercise parental authority
- when the best ineterest of the minor so require
73
Discuss the concept of a Trust
It is a confidence reposed on a person called the trustee for the benefit of another with respect to the property held by the former for the benefit of the latter.
74
Express vs Implied Trust
Express - one created by the direct and positive acts of the parties, by some writing or deed, or will
Implied - One, without being express, is deductible from the nature of the transaction as a matter of intent or are induced on the transaction by operation of law.
75
When is a trustee necessary?
1. To carry into effect a will where the testator omitted appointing a trustee in the PH
2. Carry into effect other written instruments where the trustee declines, resigns dies or is removed before the accomplishment of the trust.
76
May a trustee buy property held in trust by him?
No. He cannot do so whether by purchase or even in a public or judicial action or even through another.
A trustee shall not be allowed to take advantage for himself of trust property under the pretense of serving the beneficiary
77
Can a trustee acquire property by prescriptioN?
No. GR is that an action to compel a trustee to convey property registered in his name in trust for the benefit of the cestui sue trust does not prescribe
Trustees possession is not adverse and cannot ripen to a title by prescription
XP: Prescription may arise where there is adverse possession of the property
78
Adverse Possession of the Property
1. Trustee had performed unequivocal acts of repudiation amounting to ouster of the cestui que trust
2. That such positive acts of repudiation have been known to to the cestui due trust
3. That the evidence thereon be clear and conclusive
79
What are the requisites of a valid extrajudicial settlement of an estate?
1. The decedent died intestate
2. The estate has no outstanding debts at the time of the settlement
3. The heirs are all of age, or the minors are duly represented by their judicial guardians
4. The settlement is made in a public instrument duly filed with the Registry of Deeds
5. Such Judicial Settlement must be published in a newspaper of general circulation in the province once a week for 3 consecutive weeks
6. In case of personal property, a bond equal to the value thereof is posted with the RoD
80
When may the heirs resort to an ordinary action for partition
When
1. The decedent left no will
2. The decedent left no debts
3. Heirs are all of age or minors are duly represented by their authorized representatives
81
If all the requisites of EJ Partition or Action for partition are present, may the heirs still opt to file for an administration proceeding>
Yes. Provided they have good reasons not to file an action for partition.
82
May a petition for issuance of letters be converted into Ana action for judicial partition?
Yes, when the more expeditious remedy of partition is available to the heirs, then they or the majority thereof may not be compelled to submit to administration proceedings.I
83
Is the allowance of a will necessary?
Yes. No will shall pass either real or personal estate unless it is proved and allowed in the proper court.
84
Is a decree of probate conclusive as to its due execution?
Yes. A decree of probate is conclusive with respect to the probate of a will and it cannot be impugned
XP: Impugned on the grounds of
1. Fraud
85
Concept and extent of due execution of a will
Due execution covers the following:
1. Will was executed in accordance with the strict formalities of law
2. The testator was of sound and disposing mind at the time of the execution of the will
3. Consent is not vitiated by duress, fear or threat
4. The will was not procured by any undue influence from the beneficiary or some other person for his benefit
5. Signature of the testator is genuine
86
May a probate court pass upon the intrinsic validity of a will?
No. The main issue is the extrinsic validity of the will. Thus, the question of ownership is an extraneous matter which the probate court cannot resolve with finality
87
What issues may be brought before a probate court?
1. Determination of what property may be included in the inventory
88
When may a probate court decide a question of ownership?
GR: Not allowed
XP:
1. The interested parties who are all heirs of the deceased consent thereto and the interest of third parties are not prejudiced
2. In a provisional manner, to determine whether said property should be included in or excluded from the inventory , without final prejudice to the final determination of title in a separate action.
89
Exclusionary Rule in Probate Proceedings
When a probate court takes cognizance and jurisdiction over the settlement of estate of a deceased person, it shall continue to exercise jurisdiction over the same to the exclusion of other courts.
90
What court has jurisdiction over the reprobate of a will proved and allowed in another country?
The RTC has jurisdiction over reprobate proceedings, regardless if the value of the estate. Reprobate is a special proceeding to establish the validity of a will proved and allowed in a foreign country.
91
How may an executor or administrator sell personal property of the decedent?
The following must concur:
1. It must be on application of the AE
2. There must be notice to the heirs and other persons interested in the estate.
3. The court may order that a part or whole of the personal estate be sold, if it appears necessary for the purposes of paying:
a. debts
b. expenses of administration
c. legacies; or
d. preservation of the property
92
When may the court authorize the sale, mortgage or other encumbrance of realty to pay debts and legacies of the estate?
1. Personal estate of the deceased is not sufficient to settle claims against the estate; or where the sale of such personal estate may injure the business or other interest of those interested in the estate
2. A testator has not otherwise made sufficient provision for the payment of such debts
3. Upon the application of the AE to sell, mortgage or otherwise encumber so much as may be necessary of the real estate.
4. On Written Notice to the heirs devisees and legacies residing in the PH
5. Such sale, mortgage or encumbrance must be beneficial to persons interested.
93
How may persons interested in the estate prevent the sale of real or personal property?
No such authority to sell, mortgage or otherwise encumber real property shall be granted if interested parties give a bond in an amount to be fixed by the court.
94
When is an escheat a proper proceeding?
It is proper when a person dies:
1. Without a will
2. Leaving an estate without a legal heir or person lawfully entitled to the same
95
When is an escheat proceeding proper even if the decedent left a will?
1. When the will was not allowed in probate AND
2. He has no known heirs nor persons entitled to his estate.
96
In Escheat proceedings, to whom shall the estate be assigned?
Personal - municipality or city where he last resided in the Philippines
Real - municipality or city wherever the same is situated
97
When must claims against the property already escheated to the government be made?
What is the rationale of this period?
What if a claim is made after this period?
The claim must be made within ** five years reckoned from the date of the escheat judgment **
It is not a device capriciously conjured by the State to defraud claimants; on the contrary it is prescribed would be claimants to be punctilious in asserting their claims.
The right to claim the property is lost and the escheat judgment can no longer be nullified.
98
What should the court consider in the appointment of a guardian
| A.M. No. 03-02-05
- moral character
- physical, mental and psychological condition
- financial staus
- relationship of trust with the minor
- availability to exercise the powers and duties of a guardian for the full period of the guardianship
- lack of conflict of interest with a minor
- ability to manage the property of the minor
99
Order of Preference in the appointment of a minor in defaulf of the parents?
| A.M. No. 03-02-05
## Footnote
GSAO
1. Grandparents, if several the court shall consider all relevant considerations
2. Oldest brother or sister of the minor over 21 years of age unless unfit or unqualified
3. Actual custodian of the minor over 21 years of age
4. Any other person who, in the sound discretion of the court, would serve best the interest of the minor
100
Can the guardian sell the property of the ward?
| A.M. No. 03-02-05
Yes.
1. When the income of a property under guardianship is insufficient to maintain and educate the ward
2. When it for his benefit that his personal or real property or any part thereof be sold, mortgaged or otherwise encumbered.
- Proceeds invested in safe and productive security, or in the imrpovement or security of other real property
101
