Scribd Logo
Upload

Welcome to Scribd!

  • 57 Tampoy

    Uploaded by

    Christine Gel Madrilejo
    27 views1 page
    The Supreme Court denied a petition to probate a will because it did not comply with statutory requirements. Specifically, while the second page of the will bore the testatrix's thumbmark, the first page did not, violating a requirement that the testator sign every page. The Court emphasized that will statutes must be strictly construed, and courts cannot supply defects in will execution. As the will failed to meet the mandatory thumbmark requirement on the first page, it was not valid and could not be admitted to probate.

    Original Description:

    Wills/Stat con

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The Supreme Court denied a petition to probate a will because it did not comply with statutory requirements. Specifically, while the second page of the will bore the testatrix's thumbmark, the first page did not, violating a requirement that the testator sign every page. The Court emphasized that will statutes must be strictly construed, and courts cannot supply defects in will execution. As the will failed to meet the mandatory thumbmark requirement on the first page, it was not valid and could not be admitted to probate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    27 views1 page

    57 Tampoy

    Uploaded by

    Christine Gel Madrilejo
    The Supreme Court denied a petition to probate a will because it did not comply with statutory requirements. Specifically, while the second page of the will bore the testatrix's thumbmark, the first page did not, violating a requirement that the testator sign every page. The Court emphasized that will statutes must be strictly construed, and courts cannot supply defects in will execution. As the will failed to meet the mandatory thumbmark requirement on the first page, it was not valid and could not be admitted to probate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    57.

    In re: Testate Estate of Tampoy


    No. L-14322. February 25, 1960

    Petitioner: In the matter of the TESTATE ESTATE of PETRONILA


    TAMPOY, deceased
    Respondent: DIOSDADA ALBERASTINE

    DOCTRINE:
    Verba legis.

    FACTS:
    1. This case pertains to the probate of the last will and testament of Petronila Tampoy, wherein the trial court
    denied the petition on the ground that the left margin of the first page of the will does not bear the
    thumbmark of the testatrix.

    2. Petitioners contention:
    a. Although first page does not bear thumbmark of the testator, it still expresses her true intention to give
    the property.
    b. No one filed any opposition to the probate
    c. 2nd page bears her thumbmark
    d. Both pages were signed by 3 witnesses
    e. These witnesses testified and manifested to the court that it expresses the true and voluntary will of the
    deceased.

    Issue: W/N the will can be admitted to probate. – NO

    Ruling: Contention of the petitioner cannot be sustained as it runs counter to the express provision of the law.

    Section 618 of Act 190, as amended, requires that the testator sign the will and each and every page thereof in the
    presence of the witnesses, and that the latter sign the will and each and every page thereof in the presence of the
    testator and of each other, which requirement should be expressed in the attestation clause. This requirement is
    mandatory, for failure to comply with it is fatal to the validity of the will.

    Statutes prescribing the formalities to be observed in the execution of wills are very strictly construed.
    A will must be executed in accordance with the statutory requirements; otherwise it is entirely void.' All these
    requirements stand as of equal importance and must be observed, and courts cannot supply the defective execution
    of a will.

    Since the will in question suffers from the fatal defect that it does not bear the thumbmark of the testatrix on its first
    page even if it bears the signature of the three instrumental witnesses, we cannot escape the conclusion that the same
    fails to comply with the law and therefore, cannot be admitted to probate.

    You might also like