Molo v.

Molo Digest
Molo vs. Molo

G.R. No. L-2538 September 21, 1951

Bautista Angelo, J. (Ponente)

Doctrine of Dependent Relative Revocation

Facts:

1. Marcos Molo executed 2 wills, one in August 1918 and

another in June 1939. The latter will contained a revocation
clause which expressly revoked the will in 1918. He died
without any forced heirs but he was survived by his wife,
herein petitioner Juana. The oppositors to the probate were
his nephews and nieces.

2. Only a carbon copy of the second will was found. The

widow filed a petition for the probate of the 1939 will. It was
admitted to probate but subsequently set aside on ground
that the petitioner failed to prove its due execution. 

3. As a result, the petitioner filed another petition for the

probate of the 1918 will this time. Again the oppositors
alleged that said will had already been revoked under the
1939 will. They contended that despite the disallowance of
the 1939 will, the revocation clause is valid and thus
effectively nullified the 1918 will.

Issue: Whether or not the 1918 will can still be valid

despite the revocation in the subsequent disallowed
1939 will

RULING: Yes.The court applied the doctrine laid down in

Samson v. Naval that a subsequent will,containing a clause
revoking a previous will, having been disallowed for the
reason that it was not executed in accordance with law
cannot produce the effect of annulling the previous will,
inasmuch as the said revocatory clause is void.

There was no valid revocation in this case. No evidence was

shown that the testator deliberately destroyed the original
1918 will because of his knowledge of the revocatory clause
contained in the will executed in 1939.The earlier will can
still be probated under the principle of dependent
relative revocation.The doctrine applies when a testator
cancels or destroys a will or executes an instrument
intended to revoke a will with the intention to make a
new testamentary disposition as substitute for the old,
and the new disposition fails of effect for some reason.