Abangan vs.

Abangan
40 Phil. 476 , November 12, 1919 | Ponente: AVANCEÑA

Nature:
APPEAL from a judgment of the Court of First Instance of Cebu
Facts:
The Court of First Instance of Cebu admitted to probate Ana Abangan's will
which consists of two pieces of paper and contained all the disposition of the testator
duly signed at the bottom by by Martin Montalban (in the name and under the
direction of the testatrix) and by three witnesses. The following sheet contains only
the attestation clause duly signed at the bottom by the three instrumental witnesses.
Neither of these sheets is signed on the left margin by the testatrix and the three
witnesses, nor numbered by letters; and these omissions, according to appellants'
contention, are defects whereby the probate of the will should have been denied.

Issue:
Whether or not the unsigned portion of the sheet in the will shall render the
will void and thus, probate be denied.
Ruling of the Supreme Court:

In a will consisting of two sheets the first of which contains all the
testamentary dispositions and is signed at the bottom by the testator and three
witnesses and the second contains only the attestation clause and is signed also at
the bottom by the three witnesses, it is not necessary that both sheets be further
signed on their margins by the testator and the witnesses, or be paged.
The testator's signature is not necessary in the attestation clause because this,
as its name implies, appertains only to the witnesses and not to the testator. The
circumstance appearing in the will itself that.same was executed in the city of Cebu
and in the dialect of this locality where the testatrix was a neighbor is enough, in the
absence of any proof to the contrary, to presume that she knew this dialect in which
her will is written.
For the foregoing considerations, the judgment appealed from is hereby
affirmed with costs against the appellants. So ordered

Wills and Successions Abangan vs. Abangan Case Digested by: Cyhna Torre | 1