PEDRO
UNSON,
petitioner
and
appellee, vs. ANTONIO ABELLA ET AL., opponents
and appellants.
1. 1.WILLS; NON-PRODUCTION
OF
ONE
ATTESTING WITNESS.Though the general rule
is that, if opposition is presented to the probate of a
will, all the attesting witnesses must be produced;
nevertheless, there are exceptions to this rule, to
wit: When one of the witnesses is dead, or cannot
be served with process of the court, or his
reputation for truth is questioned, or he appears to
be hostile to the cause of the parties seeking the
probate of the will. In such cases the will may be
admitted to probate, if upon the evidence actually
introduced the court is satisfied of the due
execution of the will, inasmuch as even if said
witness had been produced and had testified
against the application, the result would not have
been changed, if the court was satisfied upon the
evidence adduced that the will has been executed in
the manner prescribed by the law.
1. 2.ID.; INVENTORY
MADE
PART
OF
A
WlLL; ATTESTATION CLAUSE. When in a will
reference is made to an inventory of the properties
of the testator, which has thus been made a part of
the will, if the will has an attestation clause that
meets the requirements of the law, no other
attestation clause is necessary for the said
Araullo,
C.
J.,Malcolm, Avancea,Ostrand, Johns, andRomualdez,
JJ., concur.
Judgment affirmed.