HELD :
Facts:
NO .
We find that the Court of Appeals did not err in
reversing the decision of the trial court and admitting to
probate Exhibit "F", the last will and testament of the
deceased Isabel Gabriel.
In the case at bar, the finding that each and everyone of
the three instrumental witnesses, namely, MatildeOrobia,
CelsoGimpaya and Maria Gimpaya, are competent and
credible is satisfactorily supported by the evidence as
found by the respondent Court of Appeals, which
findings of fact this Tribunal is bound to accept and rely
upon. Moreover, petitioner has not pointed to any
disqualification of any of the said witnesses, much less
has it been shown that anyone of them is below 18 years
of age, of unsound mind, deaf or dumb, or cannot read or
write.
WHEREFORE, IN VIEW OF THE
FOREGOING, the judgment appealed from is hereby
AFFIRMED, with costs against the petitioner.
Facts:
Azuela v. CA (2006)
the second page of the will, and the will was not properly
acknowledged.
probate.
ISSUE:
HELD:
The petition is DENIED.
A will whose attestation clause does not contain the
number of pages on which the will is
avowal.
be construed as an acknowledgment. An
acknowledgment is the act of one who has executed a
deed
among others, that the witnesses are aware that the page
they are signing forms part of the will. On
It may not have been said before, but a notarial will that
is not acknowledged before a notary
REGALADO, J.:
Facts:
On December 5, 1978, Mateo Caballero, a
widower without any children, already in the twilight
years of his life executed a last will and testament before
three attesting witnesses and he was duly assisted by his
lawyer and a notary public. It was declared therein that,
among other things that the testator was leaving by way
of legacies and devises his real and personal properties to
specific persons, all of whom do not appear to be related
to Mateo. Not long after, he himself filed a petition
before the CFI seeking the probate of his last will and
testament but the scheduled hearings were postponed,
until the testator passed away before his petition could
finally be heard by the probate court. Benoni Cabrera,
one of the legatees named in the will, sought his
appointment as special administrator of the testators
estate but due to his death, he was succeeded by William
2.
3.
Issues:
1.
2.
Held:
1.