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In re Will of the deceased Leoncia Tolentino.

VICTORIO PAYAD, petitioner-appellant,
vs.
AQUILINA TOLENTINO, oppositor-appellant.
Both parties in this case appeal from an order of the trial court denying the probate of the alleged will of Leoncia
Tolentino, deceased. That court found that the will in question was executed by the deceased on the date appearing
thereon, September , !"##, one day before the death of the testatrix, contrary to the contention of the oppositor that it
was executed after her death. The court, however, denied probate on the ground that the attestation clause was not in
conformity with the requirements of law in that it is not stated therein that the testatrix caused $ttorney $lmario to
write her name at her express direction.
The appeal of the oppositor-appellant is based upon the alleged failure of the trial court in not finding that the will in
question was executed after the death of Leoncia Tolentino, or that she was mentally and physically incapable of
executing said will one day before her death. $fter a careful examination of the evidence on these points we find no
reason for setting aside the conclusion of the trial court as set forth above. The assignments of the oppositor-appellant
are therefore overruled.
$s to the contention of the petitioner-appellant, as stated above, the trial court denied probate of the will on the sole
ground that the attestation clause does not state that the testratrix requested $ttorney $lmario to write her name.
The last paragraph of the questioned will reads in part as follows%
&n prueba de todo lo cual, firmo el presente testamento con mi marcha digital, poque no puedo estampar mi
firma a causa de mi debilidad, rogando al abogado '. $lmario que poga mi nombre en el sitio donde he de
estampar mi marcha digital . . ..
The evidence of record established the fact that Leoncia Tolentino, assisted by $ttorney $lmario, placed her thumb
mar( on each and every age of time questioned will and the said attorney merely wrote her name to indicate the place
where she placed said thumb mar(. )n other words $ttorney $lmario did not sign for the testatrix. She signed for
placing her thumb mar( on each and every page thereof *$ statute requiring a will to be +signed+ is satisfied if the
signature is made by the testator+s mar(.* ,-uoted by this court from ./ 0.1.L., p, !!2 3e 4ala vs. 4on5ales and
6na, 7# 8hil., !9:, !9/.; )t is clear, therefore, that it was not necessary that the attestation clause in question should
state that the testatrix requested $ttorney $lmario to sign her name inasmuch as the testratrix signed the will in
question in accordance with law.
The appealed order of the trial court is reversed and the questioned will of Leoncia Tolentino, deceased, is hereby
admitted to probate with the costs of this appeal against the oppositor-appellant.