466 Phil. 700
[ G.R. No. 17761. April 28, 1922 ]
IN RE WILL OF VENTURA PRIETO, DECEASED. GENOVEVA ASPE, PETITIONER AND APPELLANT, VS. MACARIO PRIETO, OPPONENT AND APPELLEE.
D E C I S I O N
VILLAMOR, J.:
From an examination of the document in question, it appears that the left margins of the six pages of the document are signed only by Ventura Prieto. The noncompliance with section 2 of Act No. 2645 by the attesting witnesses who omitted to sign with the testator at the left margin of each of the five pages of the document alleged to be the will of Ventura Prieto, is a fatal defect that constitutes an obstacle to its probate.
Without the necessity of discussing the other defect relative to the paging of the sheets’ of the will in Arabic numerals, instead of in letters, the judgment appealed from must be, and is hereby, affirmed with the costs against the appellant. So ordered.
Araullo, C. J., Malcolm, Avancena, Ostrand, Johns, and Romualdez, JJ., concur.
Judgment affirmed.
Date created: November 25, 2014
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