Facts:
In the Matter of the Summary Settlement of the Estate of the Deceased Anacleta Abellana, G.R. No. L-15153, August 31, 1960, the Supreme Court En Banc, Labrador, J., writing for the Court, resolved an appeal from the probate of a will.
The petitioner and appellee was
Lucio Balonan; the oppositors and appellants were
Eusebia Abellana, et al. The case arose when the Court of First Instance of Zamboanga City admitted to probate a purported last will and testament of
Anacleta Abellana (Exhibit "A"). The will was typewritten in Spanish, consisting of two double-spaced pages, and the trial court found signatures on both pages: a signature identified as "Juan Bello" (with beneath it the typewritten phrase "Por la testadora Anacleta Abellana, residence Certificate A-1167629, Enero 20, 1951, Ciudad de Zamboanga"), signatures of three instrumental witnesses (Bias Sebastian, Faustino Macaso and Rafael Ignacio), and a notarial acknowledgment by Notary Public Timoteo de los Santos. The trial court admitted the will to probate on those findings.
The admission was appealed to the Court of Appeals. Because the appeal presented a question of law concerning the proper execution of wills, the Court of Appeals certified the case to the Supreme Court. The central factual point contested on appeal was whether the signature appearing above the typewritten phrase "Por la Testadora Anacleta Abellana ..." satisfied the statu...
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Issues:
- Did the signature appearing above the typewritten phrase "Por la Testadora Anacleta Abellana ..." comply with the statutory requirements for execution of a will, such that the will could be admitted ...(Subscriber-Only)
Ruling:
Ratio:
Doctrine: