Case Digest (G.R. No. L-22958)
Facts:
In In Re Will of Ana Abangan, G.R. No. 13431, decided November 12, 1919, the Court of First Instance of Cebu, on September 19, 1917, admitted to probate the last will of Ana Abangan, executed in July 1916. Gertrudis Abangan, named executrix and appellee, obtained the probate despite objections from Anastacia Abangan and other opponents, who appealed. The contested instrument comprised two sheets: the first contained all dispositive clauses, signed at the bottom by Martin Montalban (acting in Ana Abangan’s name and under her direction) and by three witnesses; the second bore only the attestation clause signed at the bottom by those same witnesses. Neither sheet was signed on the left margin by the testatrix and witnesses, nor were they numbered. The opponents argued that these omissions violated the formal requisites of Act No. 2645, warranting denial of probate. The trial court overruled these contentions and admitted the will; the appellants brought the case to the Supreme CourCase Digest (G.R. No. L-22958)
Facts:
- Parties and Procedural History
- Gertrudis Abangan, executrix and appellee, filed for probate of the will of her mother, Ana Abangan, in the Court of First Instance of Cebu.
- On September 19, 1917, the will (executed July 1916) was admitted to probate; opponents (Anastacia Abangan et al.) appealed.
- Form and Execution of the Will
- The testament consists of two separate sheets:
- First sheet contains all dispositive provisions, signed at the bottom by Martin Montalban (in the name and under the direction of the testatrix) and by three witnesses.
- Second sheet contains only the attestation clause, signed at the bottom by the same three witnesses.
- Neither sheet bears signatures on the left margin by the testatrix and witnesses, nor are the pages numbered.
- Appellants’ Contentions
- The absence of margin signatures and page numbering violates Act No. 2645, rendering the probate invalid.
- The record does not affirmatively show that the testatrix understood the dialect in which the will was written.
Issues:
- Formality under Act No. 2645
- Does the failure to sign each sheet on the left margin and to number the pages invalidate the will?
- Testamentary Capacity and Language
- Must the record affirmatively establish that the testatrix knew the dialect of the will?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)