BALONAN vs.

ABELLANA
August 31, 1960

FACTS: Anacleta died leaving a will signed in her behalf by Dr.

Abello and under his name appears typewritten “Por la testadora” (for
the testator) Anacleta.
The oppositors questioned the will because it was not signed in
the name of the testator but rather in the name of Dr. Abello

HELD: The will may not be admitted to probate.

The witness should not have signed in his own name but rather
that of the testator.
In this case, the name of the testatrix does not appear written
under the will by herself or by Dr. Abello. There is failure to comply
with the express requirement in the law that the testator must
himself sign the will, or that his name be affixed thereto by
some other person in his presence and by his express direction.