G.R. No. 20366 ; August 30, 1923
In re estate of WALTER NEUMARK, deceased. PAUL P DANIELSEN, proponent-appellant.

FACTS

Walter Neumark executed a typewritten will in the German language on a single sheet of paper. The will was signed by the testator and below his signature were the words “signed in the presence of,” followed by the names of three attesting witnesses. The will complied with all formal requirements under Section 618 of the Code of Civil Procedure, except that it lacked a formal attestation clause stating the number of pages and that the testator and witnesses signed in each other’s presence as required by the amended law.

ISSUE

Whether the will, which lacks a formal attestation clause as required by the amended Section 618 of the Code of Civil Procedure, can be admitted to probate.

RULING

No. The Supreme Court affirmed the trial court’s order denying probate. The Court held that the requirement of an attestation clause containing the specific matters stated in the amended Section 618 is mandatory. The legislative intent, deduced from the deletion of a saving clause in the original law, made the attestation clause indispensable. The Court refused to disturb its established line of decisions consistently requiring such a clause for the validity of a will.