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    Abangan v. Abangan 40 Phil.477 (1919)

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    Hiroshi Carlos
    This case discusses the probate of Ana Abangan's will, which consisted of two sheets. The first sheet contained the entire disposition signed by the testatrix and witnesses. The second sheet contained only the attestation clause signed by the witnesses. The oppositors argued the will should not be admitted because the sheets were not signed on the left margin by the testatrix and witnesses or numbered. The court held that signing the bottom of the single sheet containing the disposition was sufficient, as requiring additional signatures on the margin would be pointless. Numbering was also unnecessary for a single-sheet will, as removing the sheet could not be hidden. The attestation clause also did not require the testatrix's signature.

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    Abangan v. Abangan 40 Phil.477 (1919)

    Uploaded by

    Hiroshi Carlos
    164 views1 page
    This case discusses the probate of Ana Abangan's will, which consisted of two sheets. The first sheet contained the entire disposition signed by the testatrix and witnesses. The second sheet contained only the attestation clause signed by the witnesses. The oppositors argued the will should not be admitted because the sheets were not signed on the left margin by the testatrix and witnesses or numbered. The court held that signing the bottom of the single sheet containing the disposition was sufficient, as requiring additional signatures on the margin would be pointless. Numbering was also unnecessary for a single-sheet will, as removing the sheet could not be hidden. The attestation clause also did not require the testatrix's signature.

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    This case discusses the probate of Ana Abangan's will, which consisted of two sheets. The first sheet contained the entire disposition signed by the testatrix and witnesses. The second sheet contained only the attestation clause signed by the witnesses. The oppositors argued the will should not be admitted because the sheets were not signed on the left margin by the testatrix and witnesses or numbered. The court held that signing the bottom of the single sheet containing the disposition was sufficient, as requiring additional signatures on the margin would be pointless. Numbering was also unnecessary for a single-sheet will, as removing the sheet could not be hidden. The attestation clause also did not require the testatrix's signature.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    164 views1 page

    Abangan v. Abangan 40 Phil.477 (1919)

    Uploaded by

    Hiroshi Carlos
    This case discusses the probate of Ana Abangan's will, which consisted of two sheets. The first sheet contained the entire disposition signed by the testatrix and witnesses. The second sheet contained only the attestation clause signed by the witnesses. The oppositors argued the will should not be admitted because the sheets were not signed on the left margin by the testatrix and witnesses or numbered. The court held that signing the bottom of the single sheet containing the disposition was sufficient, as requiring additional signatures on the margin would be pointless. Numbering was also unnecessary for a single-sheet will, as removing the sheet could not be hidden. The attestation clause also did not require the testatrix's signature.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
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    ABANGAN v. ABANGAN 40 Phil.

    477 (1919)

    FACTS: The last will of Ana Abangan consisted of 2 sheets, the first of which
    contained the entire disposition of the testatrix, duly signed at the bottom by
    Martin Montalban (in the name and under the direction of the testatrix) and by 3
    witnesses. The following sheet contained only the attestation clause duly signed at
    the bottom by the 3 instrumental witnesses. Neither of the sheets was signed on the
    left margin by the testatrix and the 3 witnesses, nor numbered by letters.
    According to the oppositors to the probate of the will, these defects dictate that
    the will not be admitted to probate.

    ISSUE: Is it indispensable that the signatures of the testatrix and the 3 witnesses
    appear on the left margin, and that all pages of the will be numbered?

    HELD: In requiring that each and every sheet of the will should also be signed on
    the left margin by the testator and 3 witnesses in the presence of each other, Act
    No. 2645 evidently has for its object (referring to the body of the will itself) to
    avoid the substitution of any of said sheets, thereby changing the testator�s
    dispositions. But when these dispositions are wholly written on only one sheet
    signed at the bottom by the testator and 3 witnesses, their signatures on the left
    margin of said sheet would be completely purposeless. In requiring this signature
    on the margin, the statute took into consideration, undoubtedly, the case of a will
    written on several sheets and must have referred to the sheets which the testator
    and the witnesses do not have to sign at the bottom. A different interpretation
    would assume that the statute requires that this sheet, already signed at the
    bottom, be signed twice. We cannot attribute to the statute such an intention. We
    cannot assume that the statute regards of such importance the place where the
    testator and the witnesses must sign on the sheet that it could consider that their
    signatures written on the bottom do not guaranty the authenticity of the sheet but,
    if repeated on the margin, give sufficient security.

    In requiring that each and every page of a will must be numbered correlatively in
    letters placed on the upper part of the sheet, it is likewise clear that the object
    of the law is to know whether any sheet of the will has been removed. But when all
    the dispositive parts of a will are written on one sheet only, the object of the
    statute disappears because the removal of this single sheet, although unnumbered,
    cannot be hidden.

    As to the attestation clause accompanying the will, the signatures of the testatrix
    and of the 3 witnesses on the margin and the numbering of the pages of the sheet
    are formalities not required by the statute. Moreover, referring specially to the
    signature of the testatrix, we can add that the same is not necessary in the
    attestation clause because this, as its name implies, appertains only to the
    witnesses and not to the testator since the latter does not attest, but executes
    the will.

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