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  • Villaflor Vs Tobias

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    Shiva
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    The document summarizes a legal case regarding the contesting of a will. The will was contested on the grounds that it was not properly executed. The lower court ruled against the will finding issues with how the attestation clause was written on a separate page from the body of the will. However, the higher court overturned this ruling, finding that the attestation clause being on a separate page was not important and did not invalidate the will as the signatures of all witnesses were on all pages. The court also found the fact that someone else wrote the deceased's name was allowable under the legal code at the time. The will was deemed valid.

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    Villaflor-vs-Tobias

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    The document summarizes a legal case regarding the contesting of a will. The will was contested on the grounds that it was not properly executed. The lower court ruled against the will finding issues with how the attestation clause was written on a separate page from the body of the will. However, the higher court overturned this ruling, finding that the attestation clause being on a separate page was not important and did not invalidate the will as the signatures of all witnesses were on all pages. The court also found the fact that someone else wrote the deceased's name was allowable under the legal code at the time. The will was deemed valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    80 views1 page

    Villaflor Vs Tobias

    Uploaded by

    Shiva
    The document summarizes a legal case regarding the contesting of a will. The will was contested on the grounds that it was not properly executed. The lower court ruled against the will finding issues with how the attestation clause was written on a separate page from the body of the will. However, the higher court overturned this ruling, finding that the attestation clause being on a separate page was not important and did not invalidate the will as the signatures of all witnesses were on all pages. The court also found the fact that someone else wrote the deceased's name was allowable under the legal code at the time. The will was deemed valid.

    Copyright:

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

    VILLAFLOR VS TOBIAS

    FACTS: A petition for probate of a will of Gregoria Villaflor who died in the municipality of Santo
    Domingo, Province of Ilocos Sur on October 7, 1925. The will is contested on the ground that the
    alleged will was not executed in conformity of the will.

    The lower court ruled in favor of the oppositor on the ground that the will was typewritten on eight
    catalan sheets, one separated from the others; that the attestation clause was written on a separate
    sheet, marked page 9, when said clause could have been written totally or partially on page 8, since
    one-half of this latter page is blank.

    ISSUE: Whether the attestation clause is valid?

    RULING: YES. That the attestation clause of the will is written on a separate page and not on the last
    page of the body of the document is, in our opinion, a matter of minor importance and is explained by
    the fact that if the clause had been written on the eighth page of the will in direct continuation of the
    body thereof, there would not have been sufficient space on that page for the signatures of the
    witnesses to the clause. It is also to be observed that all of the pages, including that upon which the
    attestation clause is written, bear the signatures of all of the witnesses and that there is no question
    whatever as to the genuineness of said signatures.

    The fact that the name of the testatrix was written by another person, and that she did not sign by
    thumb-mark, is easily explained and is evidently due to an attempt on the part of the lawyer Gallardo
    to comply strictly with the following clause in the Spanish text of section 618 of the Code of Civil
    Procedure: "Excepto en el caso a que se refiere el articulo anterior, no sera valido para la transmission
    de bienes muebles e inmuebles, ni los gravara y afectara, ningun testamento a menos que este
    escrito y que haya sido firmando por el testador, a que lleve el nombre de este, escrito por otra
    persona en su presencia y bajo su direccion expresa, . . ." The making of a finger mark is not
    "escribir" and it may be noted that Gallardo apparently is a good Spanish scholar; that it does not
    appear that he knows the English language; and that he therefore probably used the Spanish text of
    the Code.

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