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    Dela Cerna Vs Potot

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    inxz
    This case involves a joint will made by spouses Bernabe de la Serna and Gervasia Rebaca leaving their property to Manuela Rebaca. The will was initially probated in 1939 only for Bernabe's estate. Manuela later tried to probate the will for Gervasia's estate but her petition was dismissed. The court initially declared the joint will void but the order was reversed on appeal, as the 1939 probate was a final judgment by a court of competent jurisdiction and binding, though it only applies to Bernabe's estate and not Gervasia's given a joint will is considered separate wills.

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    Dela Cerna Vs Potot

    Uploaded by

    inxz
    111 views1 page
    This case involves a joint will made by spouses Bernabe de la Serna and Gervasia Rebaca leaving their property to Manuela Rebaca. The will was initially probated in 1939 only for Bernabe's estate. Manuela later tried to probate the will for Gervasia's estate but her petition was dismissed. The court initially declared the joint will void but the order was reversed on appeal, as the 1939 probate was a final judgment by a court of competent jurisdiction and binding, though it only applies to Bernabe's estate and not Gervasia's given a joint will is considered separate wills.

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    4. Dela Cerna vs Potot.docx

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    This case involves a joint will made by spouses Bernabe de la Serna and Gervasia Rebaca leaving their property to Manuela Rebaca. The will was initially probated in 1939 only for Bernabe's estate. Manuela later tried to probate the will for Gervasia's estate but her petition was dismissed. The court initially declared the joint will void but the order was reversed on appeal, as the 1939 probate was a final judgment by a court of competent jurisdiction and binding, though it only applies to Bernabe's estate and not Gervasia's given a joint will is considered separate wills.

    Copyright:

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

    Dela Cerna Vs Potot

    Uploaded by

    inxz
    This case involves a joint will made by spouses Bernabe de la Serna and Gervasia Rebaca leaving their property to Manuela Rebaca. The will was initially probated in 1939 only for Bernabe's estate. Manuela later tried to probate the will for Gervasia's estate but her petition was dismissed. The court initially declared the joint will void but the order was reversed on appeal, as the 1939 probate was a final judgment by a court of competent jurisdiction and binding, though it only applies to Bernabe's estate and not Gervasia's given a joint will is considered separate wills.

    Copyright:

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

    PAULA DE LA CERNA vs.

    MANUELA REBACA POTOT


    G.R. No. L-20234 December 23, 1964

    FACTS: Spouses Bernabe de la Serna and Gervasia Rebaca, executed a joint last will ad
    testament where they willed that their 2 parcels of land be given to Manuela Rebaca, their niece
    and that while each of them is alive, he or she will continue to enjoy the fruits of the lands
    mentioned. When Bernabe died, Gervasia submitted the will to be probated. By order of Oct. 31,
    1939, the Court admitted for probate the said will but only for the part of Bernabe. However,
    another petition for probate was instituted by Manuela, but because she and her attorney failed
    to appear in court, the petition was dismissed. When the same was heard, the CFI declared the
    will void for being executed contrary to the prohibition on joint wills. On appeal, the order was
    reversed on the ground that the decree of probate in 1939 was issued by a court of probate
    jurisdiction and conclusive on the due execution of the testament.

    ISSUE: WON a joint will may be denied subsequent probate after it was admitted in prior
    probate proceedings.

    RULING: No. Admittedly the probate of the will in 1939 was erroneous, however, because it was
    probated by a court of competent jurisdiction it has conclusive effect and a final judgment
    rendered on a petition for the probate of a will is binding upon the whole world. However, this is
    only with respect to the estate of the husband but cannot affect the estate of the wife;
    considering that a joint will is a separate will of each testator.

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