In the matter of the estate of Jesus de Leon. IGNACIA
DIAZ, petitioner and appellant, vs. ANA DE LEON, opponent and appellee.
WILLS; REVOCATION; "ANIMO REVOCANDI."—
According to the statute governing the subject in this jurisdiction the destruction animo revocandi of a will constitutes, in itself, a sufficient revocation. (Sec. 623, Code of Civil Procedure.) The original will herein presented for probate having been destroyed animo revocandi, cannot be declared the will and last testament of the testator.
APPEAL from a judgment of the Court of First Instance of
Iloilo. Camus, J. The facts are stated in the opinion of the court. Montinola, Montinola & Hontiveros and Jose Lopez Vito for appellant. Francisco A. Delgado, Powell & Hill and Padilla & Trenas for appellee.
ROMUALDEZ, J.:
The only question raised in this case is whether or not the
will executed by Jesus de Leon, now deceased, was revoked by him. The petitioner denies such revocation, while the contestant affirms the same by alleging that the testator revoked his will by destroying it, and by executing another will expressly revoking the former. We find that the second will Exhibit 1 executed by the deceased is not clothed with all the necessary rSquisites to constitute a sufficient revocation. But according to the statute governing the subject in this jurisdiction, the destruction of a will with animo revocandi constitutes, in itself, a sufficient revocation. (Sec. 623, Code of Civil Procedure.) From the evidence submitted in this case, it appears that the testator, shortly after the execution cution of the first will
414
414 PHILIPPINE REPORTS ANNOTATED
Berbari vs. General Oil Co.
in question, asked that the same be returned to him. The
instrument was returned to the testator who ordered his servant to tear the document. This was done in his presence and before a nurse who testified to this effect. After some time, the testator, being asked by Dr. Cornelio Mapa about the will, said that it had been destroyed. The intention of revoking the will is manifest from the established fact that the testator was anxious to withdraw or change the provisions he h&d made in his first will. This fact is disclosed by the testator's own statements to the witnesses Canto and the Mother Superior of the Hospital where he was confined. The original will herein presented for probate having been destroyed with animo revocandi, cannot now be probated as the will and last testament of Jesus de Leon. Judgment is affirmed with costs against the petitioner. So ordered.
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.
United States v. Athanasios Theodoropoulos, A/K/A "Tommy". Appeal of Athanasios Theodoropoulos. United States of America v. George Karivalis, A/K/A "Papou". Appeal of George Karivalis. United States of America v. Jimmy Peetros, United States of America v. John Bourzikos, United States of America v. Constantinos Tsokas, A/K/A "Gus". Appeal of Constantinos Tsokas. United States of America v. Nestor Barrera, United States of America v. Dimitrios Argiris, A/K/A "Angelo". Appeal of Dimitrios Argiris. United States of America v. Haralambos Trelopoulos, A/K/A "Charlie". Appeal of Haralambos Trelopoulos, 866 F.2d 587, 3rd Cir. (1989)