Icasiano Digest
G.R. No. L-18979 June 30, 1964
Facts:
1. Celso Icasiano, filed a petition for the probate
of the will of Josefa Villacorte and for his
appointment as executor thereof. It appears from
the evidence that the testatrix died on
September 12, 1958. She executed a will in
Tagalog, and through the help of her lawyer, it
was prepared in duplicates, an original and a
carbon copy.
2. On the day that it was subscribed and attested,
the lawyer only brought the original copy of the
will while the carbon duplicate (unsigned) was left
in Bulacan. One of the witnesses failed to sign
one of the pages in the original copy but
admitted he may have lifted 2 pages
simultaneously instead when he signed the will.
Nevertheless, he affirmed that the will was signed
by the testator and other witnesses in his
presence.
Issue: Whether or not the failure of one of
the subscribing witnesses to affix his