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1a-In Re Will of Rev Abadia-Digest

Fr. Abadia executed a purported holographic will in 1923 leaving his estate valued at 8,000 pesos to certain legatees. After his death in 1943, one of the legatees filed a petition to probate the will. Some relatives opposed the will. The Supreme Court reversed the order admitting the will to probate. At the time the will was executed and when Fr. Abadia died, holographic wills were not permitted under Philippine law. The validity of a will depends on compliance with the law at the time of execution, not laws passed later. Fr. Abadia's will did not meet the legal requirements in effect in 1923 regarding witness signatures and page numbering, so it was

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715 views1 page

1a-In Re Will of Rev Abadia-Digest

Fr. Abadia executed a purported holographic will in 1923 leaving his estate valued at 8,000 pesos to certain legatees. After his death in 1943, one of the legatees filed a petition to probate the will. Some relatives opposed the will. The Supreme Court reversed the order admitting the will to probate. At the time the will was executed and when Fr. Abadia died, holographic wills were not permitted under Philippine law. The validity of a will depends on compliance with the law at the time of execution, not laws passed later. Fr. Abadia's will did not meet the legal requirements in effect in 1923 regarding witness signatures and page numbering, so it was

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evreynoso
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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In re: Will of Rev Abadia FACTS: Fr Abadia executed a document (Exhibit A) purportedly his Last Will and Testament.

t. He died Jan 14, 1943, and left properties estimated at Php8k One of the legatees, Enriquez, filed a petition for its probate before CFI Cebu. Some cousins and nephews, who would inherit had there been no will, opposed. Two of the 3 witnesses already died. The remaining witness testified that in his presence and the other 2 co-witnesses, Fr Abadia wrote out in long hand in Spanish said will; that Fr Abad spoke and understood.; that he signed on the left hand margin of the front page of each of the 3 folios and numbered the same with Arabic numerals; all this in the presence of the 3 attesting witnesses who signed their names on the last page after the attestation clause I his presence and in the presence of each other. The oppositors did not submit any evidence. CFI Cebu declared said document as a holographic will and was admitted to probate. It was in the handwriting of the testator At the time of execution, and at the time of testators death, holographic wills were not permitted by law. At the time case was decided, New Civil Code already in force, allowing holographic wills. The trial court also the controlling factor, which is the intention of the testator, overrides any defect in form Oppositors appeal involved questions of law, thus certified to the Supreme Court ISSUE: WON Fr Abadias holographic will maybe admitted to probate HELD: Order appealed from is reversed. Exhibit A is denied probate. The validity of a will as to its form depends upon the observance of the law in force at the time it is made From the day of the death of the testator, if he leaves a will, the title of the legatees and devisees under it becomes a vested right, protected under the due process clause of the constitution against a subsequent change in the statute adding new legal requirements of execution of wills which would invalidate such a will Although the will operates upon and after the death of the testator, the wishes of the testator about the disposition of his estate among his heirs and among the legatees is given solemn expression at the time the will is executed, and in reality, the legacy or bequest then becomes a completed act. This ruling has been laid down by this court in the case of In re Will of Riosa, 39 Phil., 23. It is a wholesome doctrine and should be followed. At the time that Exhibit "A" was executed in 1923 and at the time that Father Abadia died in 1943, holographic wills were not permitted, and the law at the time imposed certain requirements for the execution of wills, such as numbering correlatively each page (not folio or sheet) in letters and signing on the left hand margin by the testator and by the three attesting witnesses, requirements which were not complied with in Exhibit "A" because the back pages of the first two folios of the will were not signed by any one, not even by the testator and were not numbered, and as to the three front pages, they were signed only by the testator.

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