G. R. No. 39209. March 10, 1934
HIPOLITO ANDALIS, PETITIONER AND APPELLEE, VS. LUCIA PULGUERAS ET AL., OPPOSITORS AND APPELLANTS.
Decisions / Signed Resolutions March 10, 1934 HULL, J.:
HULL, J.:
This is an appeal from a decision of the
Court of First Instance of Camarines Sur admitting to probate an
alleged will of Victor Pulgueras, deceased. The testimony of only one
of the attesting witnesses was taken. His testimony was to the effect
that six pages of the will were signed on the margin by the testator
and two of the witnesses about the 4th of January, 1931, that on the
11th of January, 1931, the remaining three pages were signed by the
testator and the three attesting witnesses, and that the third
attesting witness then signed the first six pages.
Court of First Instance of Camarines Sur admitting to probate an
alleged will of Victor Pulgueras, deceased. The testimony of only one
of the attesting witnesses was taken. His testimony was to the effect
that six pages of the will were signed on the margin by the testator
and two of the witnesses about the 4th of January, 1931, that on the
11th of January, 1931, the remaining three pages were signed by the
testator and the three attesting witnesses, and that the third
attesting witness then signed the first six pages.
Such an execution of the will was not in conformity with article
618 of the Code of Civil Procedure as amended. Under our statute, the
execution of a will is supposed to be one act and cannot be legally
effective if the various participants sign on various days and in
various combinations of those present.
The judgment of the Court of First Instance of Camarines Sur is
therefore reversed, and the will in question is denied probate. Costs
against appellee. So ordered.
Malcolm, Villa-Real, Imperial, and Goddard, JJ., concur.