GR L 1323; (June, 1948) (Digest)
G.R. No. L-1323 to L-1435; June 30, 1948
Testate Estate of the Deceased Petra Angeles. ROSARIO MASCARIÑA, petitioner-appellee, vs. ANASTACIO ANGELES, ET AL., oppositors-appellants.
FACTS
The case involves the allowance of the last will of the deceased Petra Angeles. The oppositors-appellants contested the will because its attestation clause did not state that the contents were read to the testatrix, who was illiterate, before she affixed her thumbmark.
ISSUE
Whether the omission in the attestation clause—the failure to state that the will was read to the illiterate testatrix—is fatal to its allowance.
RULING
No. The Court affirmed the lower court’s judgment allowing the will. Section 618 of the Code of Civil Procedure enumerates the requisites for an attestation clause, and the requirement invoked by the appellants is not among them. The scope of the statutory provision should not be expanded by judicial construction. Since there was undisputed evidence that the will was actually read to Petra Angeles before she thumbmarked it, the allowance was proper.
AI Generated by Armztrong.