Title
Vda. de Molo vs. Molo
Case
G.R. No. L-2538
Decision Date
Sep 21, 1951
Mariano Molo's 1918 will upheld as valid; 1939 will denied probate. Doctrine of dependent relative revocation applied; no estoppel or bad faith found. 1918 will executed legally, not revoked.

Case Digest (G.R. No. L-2538)
Expanded Legal Reasoning Model

Facts:

  • Background
    • Mariano Molo y Legaspi died on January 24, 1941, in Pasay, Rizal, leaving no compulsory heirs in the ascending or descending line.
    • He was survived by his wife, Juana Juan Vda. de Molo (petitioner), and his nieces and nephew Luz, Gliceria, and Cornelio Molo (oppositors-appellants).
  • Testaments and Proceedings
    • Testator executed two wills:
      • August 17, 1918 will (Exhibit A).
      • June 20, 1939 will (Exhibit I), containing a clause revoking the 1918 will.
    • Probate history:
      • February 7, 1941 petition to probate the 1939 will—initially admitted unopposed, then set aside and disallowed for lack of proper execution.
      • February 24, 1944 and September 14, 1946 petitions to probate the 1918 will—oppositions filed on grounds of estoppel, improper execution, and revocation; original records lost in the war; re-filed proceedings; May 28, 1948 order admitting the 1918 will to probate.

Issues:

  • Did petitioner deliberately frustrate probate of the 1939 will to secure the 1918 will?
  • Is petitioner estopped from litigating probate of the 1918 will?
  • Does petitioner come with “unclean hands,” barring relief?
  • Was the 1918 will validly executed according to legal formalities?
  • Was the 1918 will revoked by Mariano Molo’s own act (destruction)?
  • Does the disallowed 1939 will nonetheless revoke the 1918 will?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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