Abangan v. Abangan (GR No.

L-13431); November 12, 1919

ISSUE:

1) Whether or not the will (which is two sheets only) is void because it was not
signed in the margin.

2) Whether or not the will is void because the testator did not sign in the attestation
clause.

FACTS

The RTC admitted to probate Ana Abangan's will executed which consist of two sheets. The
FIRST SHEET contains all the disposition of the testatrix, duly signed a thte bottom by Martin
Montalban (in the name and under the direction of the testatrix and by three witnesses. Neither
of these sheets is signed on the left margin by the testatrix and the three witnesses, nor
numbered by letter.

OPPOSITION

It is from this decision which the opponent appealed. It is alleged that the records do not show
the testatrix knew the dialect in which the will was written.

Issue: Whether or not the will was validly probated

YES. The circumstance appearing on the will itself, that it was executed in Cebu City and in the
dialect of the place where the testarix is a resident is enough to presume that she knew this
dialect in the absence of any proof to the contrary. On the authority of this case and that of
Gonzales v Laurel, it seems that for the presumption to apply, the following must appear: 1) that
the will must be in a language or dialect generally spoken in the place of execution, and, 2) that
the testator must be a native or resident of the said locality.