GR L 2396; (December, 1950) (Digest)
G.R. No. L-2396. December 11, 1950.
In the matter of the petition for the probate of the will of the deceased Pablo M. Roxas. NATIVIDAD I. VDA. DE ROXAS, petitioner-appellant, vs. MARIA ROXAS, ET AL., oppositors-appellees.
FACTS
Pablo M. Roxas died on July 14, 1946. His widow, Natividad Icasiano, filed a petition for the probate of his alleged will, which devised all his properties to her and an adulterous son, Reynaldo Roxas. The will, typewritten in Tagalog and dated January 1, 1945, in its body, lacked a date in its attestation clause. The oppositors (Maria and Pedro Roxas, the decedent’s siblings) opposed probate on grounds of formal defects and alleged the will was crumpled, indicating intent to revoke. The trial court disallowed probate, finding the body of the will and the attestation clause were typewritten and signed on different occasions, violating the legal requirement that the testator and witnesses sign in each other’s presence.
ISSUE
Whether the will was executed and attested in accordance with the legal requirements of section 618 of Act No. 190 , as amended.
RULING
No. The Supreme Court affirmed the trial court’s decision disallowing probate. The Court found that the evidence, particularly the physical condition of the will and expert testimony, supported the conclusion that the testator signed the body of the will on one occasion, and the attesting witnesses signed the attestation clause on a separate occasion. This violated the statutory requirement that the testator and the attesting witnesses sign in the presence of each other. The testimony of the attesting witnesses, who were related to the petitioner, was insufficient to overcome this physical and expert evidence. The will was therefore not executed in conformity with law and could not be admitted to probate. (A dissenting opinion argued for deference to the trial court’s findings and the sincerity of the oppositors’ witnesses).
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