In re will of Ana Abangan. GERTRUDIS of wills and testaments and to guaranty their truth and authenticity.

ABANGAN, executrix-appellee, vs. ANASTACIA ABANGAN
ET AL., opponents-appellants.|||
G.R. No. 13431,November 12, 1919
1. WILLS; ATTESTATION. — 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.
2. ID.; ID; TESTATOR'S SIGNATURE. — 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.
Therefore the laws on this subject should be interpreted in such a
way as to attain these primordial ends. But, on the other hand, also
one must not lose sight of the fact that it is not the object of the law
to restrain and curtail the exercise of the right to make a will. So
when an interpretation already given assures such ends, any other
interpretation whatsoever, that adds nothing but demands more
requisites entirely unnecessary, useless and frustrative of the
testator's last will, must be disregarded.
As another ground for this appeal, it is alleged the records do not
show that the testatrix knew the dialect in which the will is written.
But 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 this
will is written.

3. ID.; DIALECT IN WHICH WRITTEN; PRESUMPTION. — For the foregoing considerations, the judgment appealed from is
The circumstance appearing in the will itself that same was hereby affirmed with costs against the appellants. So ordered.
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.

FACTS:

On September 19, 1917, the Court of First Instance of Cebu

admitted to probate Ana Abangan's will executed July, 1916. From
this decision the opponents appealed.

Said document, duly probated as Ana Abangan's will, consists of

two sheets, the first of which contains all of the disposition of the
testatrix, duly signed at the bottom 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 under
Act No. 2645, whereby the probate of the will should have been
denied.

ISSUE:

Whether or not the will was validly probated

HELD:

YES. We are of the opinion that the will was duly admitted to
probate.

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 object of the solemnities surrounding the execution of wills is

to close the door against bad faith and fraud, to avoid substitution