ABANGAN vs ABANGAN HELD: NO
G.R. No. L-13431 November 12, 1919
In re will of Ana Abangan.
GERTRUDIS ABANGAN, executrix-appellee,
vs.
ANASTACIA ABANGAN, ET AL., opponents-appellants.
DOCTRINE: The object of the solemnities surrounding the execution of
wills is to close the door against bad faith and fraud, to avoid substitution
of wills and testaments, and to guaranty their truth and authenticity. The
laws on this subject should be interpreted in such a way as to attain these
primordial ends. So when an interpretation that adds nothing but demands
more requisites entirely unnecessary, useless and frustrative of testators
will, such interpretation must be disregarded.
AVANCEA, J.:
CFI of Cebu admitted to probate Ana Abangans will executed
on July 1916
The will consists of 2 sheets, the 1st page contains all of the
disposition of the testratrix, duly signed at the bottom by
Martin Montalban (in the name and under the direction of the
testatrix) and by 3 witnesses.
The 2nd page contains only the attestation clause duly signed
at the bottom by 3 instrumental witnesses.
Neither of these sheets is signed on the left margin by the
testatrix and the 3 witnesses, nor numbered by letters.
Appellants contentions: these omissions are defects whereby
the probate of the will should have been denied.
ISSUE:
WON these omissions are defects in which the probate of the will
should have been denied?
The object of Act No. 2645 (the applicable law in the case) in
requiring that each sheet of the will shall be signed on the left
margin by the testator and 3 witnesses in the presence of each
other is to avoid the substitution of any of said sheets, thereby
changing the testators dispositions.
But when these dispositions are wholly written on only 1 sheet
signed at the bottom by the testator and 3 witnesses (as in the
instant case), their signatures on the left margin would be
completely purposeless.
The object of requiring that every page of a will must be numbered
correlatively in letters placed on the upper part of the sheet is to
know whether any sheet of the will has been removed.
But when all the dispositive parts of a will (as in the instant case)
are written on one sheet only, the object of the statute disappears,
because the removal of this single sheet cannot be hidden.
The signature of testatrix is not necessary in the attestation clause
because the same appertains only to the witnesses, and not to
testator since the latter does not attest but executes the will.
The object of the solemnities surrounding the execution of wills is
o to close the door against bad faith and fraud,
o to avoid substitution of wills and testaments
o to guaranty their truth and authenticity
The laws on this subject should be interpreted in such a way as to
attain these primordial ends. So when an interpretation that adds
nothing but demands more requisites entirely unnecessary,
useless and frustrative of testators will, such interpretation must
be disregarded.
Another ground for appeal: that records do not show testatrix knew
the dialect in wc the will was written.
o The will was executed in the Cebu City and in the dialect
of this locality where the testatrix was a neighbour is
enough to presume that she knew this dialect in wc the
will is written.
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