Reyes (Administrator) V Dolores Zuñiga Vda. de Vidal

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ASALI

Case No. 27
LANGUAGE REQUIREMENT
Reyes (Administrator) v Dolores Zuñiga Vda. De Vidal (G.R. No. L-2862 April 21, 1952)

FACTS: This concerns the admission to probate of a document claimed to be the last will and testament of Maria
Zuñ iga Vda. de Pando opposed by Dolores Zuñ iga Vda. De Vidal, sister of the testator alleging that signature of
testator was not genuine. RTC however disallowed the will on the ground that the petitioner failed to prove that
the testratrix knew and spoke the language (Spanish) in which the will in question appears to have been written.

ISSUE: WON the requirement that the testatrix knew the language in which the will was written was complied in
this case.

RULING: YES. There is indeed nothing in the testimony of the witnesses presented by the petitioner which would
indicate that the testatrix knew and spoke the Spanish language used in the preparation of the will in question. But
failure alone (to prove that the testratrix knew and spoke the language in which the will in question appears to
have been written) does not in itself suffice to conclude that this important requirement of the law has not been
complied with, it appearing that there is enough evidence on record which supplies this technical omission.

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