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    Victorio Payad filed a petition to probate the will of Leoncia Tolentino, which was opposed by Aquilina Tolentino who claimed the will was made after Leoncia's death. The lower court denied probating the will because the attestation clause did not state that Leoncia directed her lawyer to write her name. The Supreme Court held that the evidence showed Leoncia placed her thumbprint on each page assisted by her lawyer, who only wrote her name by the print. The court affirmed that a signature can be a mark, so the attestation clause did not need to say the lawyer wrote Leoncia's name at her direction since she signed it herself.

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    Victorio Payad filed a petition to probate the will of Leoncia Tolentino, which was opposed by Aquilina Tolentino who claimed the will was made after Leoncia's death. The lower court denied probating the will because the attestation clause did not state that Leoncia directed her lawyer to write her name. The Supreme Court held that the evidence showed Leoncia placed her thumbprint on each page assisted by her lawyer, who only wrote her name by the print. The court affirmed that a signature can be a mark, so the attestation clause did not need to say the lawyer wrote Leoncia's name at her direction since she signed it herself.

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    © All Rights Reserved
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    233 views2 pages

    Payad Vs Tolentiono Digest Cases

    Uploaded by

    sakur jumlail
    Victorio Payad filed a petition to probate the will of Leoncia Tolentino, which was opposed by Aquilina Tolentino who claimed the will was made after Leoncia's death. The lower court denied probating the will because the attestation clause did not state that Leoncia directed her lawyer to write her name. The Supreme Court held that the evidence showed Leoncia placed her thumbprint on each page assisted by her lawyer, who only wrote her name by the print. The court affirmed that a signature can be a mark, so the attestation clause did not need to say the lawyer wrote Leoncia's name at her direction since she signed it herself.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
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    of 2

    SUCCESSION, ORDINARY WILLS – CASES DIGESTS

    Payad vs. Tolentino G.R. No. 42258. January 15, 1936

    FACTS –

    Victorio Payad filed a petition for the probate of the will of the decedent Leoncia Tolentino. This
    was opposed by Aquilina Tolentino, averring that said Will was made only after the death of the
    testatrix. The lower court denied the probate of the will on the ground that the attestation
    clause was not in conformity with the requirements of the law since it was not stated therein
    that the testatrix caused Atty. Almario to write her name at her express direction. Hence, this
    petition.

    ISSUE –

    Was it necessary that the attestation clause state that the testatrix caused Atty. Almario to write
    her name at her express direction?

    HELD –

    The evidence of record establishes the fact the Leoncia Tolentino, assisted by Attorney Almario,
    placed her thumb mark on each and every page of the questioned will and that said attorney
    merely wrote her name to indicate the place where she placed said thumb mark. In other words
    Attorney Almario did not sign for the testatrix. She signed by placing her thumb mark on each
    and every page thereof. "A statute requiring a will to be 'signed' is satisfied if the signature is
    made by the testator's mark." (Quoted by this court from 28 R. C. L., p. 117; De Gala vs.
    Gonzales and Ona, 53 Phil., 104, 108.) It is clear, therefore, that it was not necessary that the
    attestation clause in question should state that the testatrix requested Attorney Almario to sign
    her name inasmuch as the testatrix signed the will in question in accordance with law.
    Payad v. Tolentino

    G.R. No. 42258, 5 September 1936, 62 Phil 848

    FACTS:

    Victorio Payad filed a petition for the probate of the will of the decedent Leoncia Tolentino. This
    was opposed by Aquilina Tolentino, averring that said Will was made only after the death of the
    testatrix. The lower court denied the probate of the will on the ground that the attestation
    clause was not in conformity with the requirements of the law since it was not stated therein
    that the testatrix caused Atty. Almario to write her name at her express direction. Hence, this
    petition.

    ISSUE:

    Was it necessary that the attestation clause state that the testatrix caused Atty. Almario to write
    her name at her express direction?

    RULING:

    The evidence of record establishes the fact the Leoncia Tolentino, assisted by Attorney Almario,
    placed her thumb mark on each and every page of the questioned will and that said attorney
    merely wrote her name to indicate the place where she placed said thumb mark. In other words
    Attorney Almario did not sign for the testatrix. She signed by placing her thumb mark on each
    and every page thereof. “A statute requiring a will to be ‘signed’ is satisfied if the signature is
    made by the testator’s mark.” (Quoted by this court from 28 R. C. L., p. 117; De Gala vs.
    Gonzales and Ona, 53 Phil., 104, 108.) It is clear, therefore, that it was not necessary that the
    attestation clause in question should state that the testatrix requested Attorney Almario to sign
    her name inasmuch as the testatrix signed the will in question in accordance with law.

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