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  • In The Matter of The State of Emil H Johnson 12767

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    This document summarizes a 1918 Supreme Court case from the Philippines regarding the probate of a will. The will was written by a Swedish immigrant and was not properly witnessed under Philippine law. However, it was properly executed under Illinois law, where the testator was a citizen. The Supreme Court upheld probating the will under a statute allowing wills executed according to the law of the testator's home state or country. The Court also found that due process was followed in publishing notice of the probate.

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    In the Matter of the State of Emil H Johnson 12767

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    This document summarizes a 1918 Supreme Court case from the Philippines regarding the probate of a will. The will was written by a Swedish immigrant and was not properly witnessed under Philippine law. However, it was properly executed under Illinois law, where the testator was a citizen. The Supreme Court upheld probating the will under a statute allowing wills executed according to the law of the testator's home state or country. The Court also found that due process was followed in publishing notice of the probate.

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    42 views1 page

    In The Matter of The State of Emil H Johnson 12767

    Uploaded by

    Gideon Ines
    This document summarizes a 1918 Supreme Court case from the Philippines regarding the probate of a will. The will was written by a Swedish immigrant and was not properly witnessed under Philippine law. However, it was properly executed under Illinois law, where the testator was a citizen. The Supreme Court upheld probating the will under a statute allowing wills executed according to the law of the testator's home state or country. The Court also found that due process was followed in publishing notice of the probate.

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    Law School Notes and Digests


    Sunday, November 10, 2013

    In Re: Estate of Johnson G.R. No. 12767. November 16,


    1918
    Facts: On February 4, 1916, Emil H. Johnson, a native of Sweden and a naturalized citizen of the
    United States, died in the city of Manila. He left a will disposing an estate with an estimated amount
    of P231,800. The will was written in the testator’s own handwriting, and is signed by himself and two
    witnesses only, instead of three witnesses required by section 618 of the Code of Civil Procedure. This
    will, therefore, was not executed in conformity with the provisions of law generally applicable to wills
    executed by inhabitants of these Islands, and hence could not have been proved under section 618.
    On February 9, 1916, however, a petition was presented in the Court of First Instance of the city of
    Manila for the probate of this will, on the ground that 1) Johnson was, at the time of his death, a
    citizen of the State of Illinois, United States of America; 2) that the will was duly executed in
    accordance with the laws of that State; and hence could properly be probated here pursuant to
    section 636 of the Code of Civil Procedure. Petitioner alleged that the law is inapplicable to his
    father’s will

    Issue: Whether or not there was deprivation of due process on the part of the petition

    Held: No.

    Ratio: Due publication was made pursuant to this order of the court through the three-week
    publication of the notice in Manila Daily Bulletin. The Supreme Court also asserted that in view of
    the statute concerned which reads as “A will made within the Philippine Islands by a citizen or
    subject of another state or country, which is executed in accordance with the law of the state or
    country of which he is a citizen or subject, and which might be proved and allowed by the law of his
    own state or country, may be proved, allowed, and recorded in the Philippine Islands, and shall have Subjects
    the same effect as if executed according to the laws of these Islands” the “state”, being not
    Agrarian Law (13)
    capitalized, does not mean that United States is excluded from the phrase (because during this time,
    Banking Law (12)
    Philippines was still a territory of the US).
    Constitutional Law (1)

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