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Digest Abangan V Abangan

The Supreme Court upheld the trial court's decision to admit the probate of Ana Abangan's will. The will was handwritten on two sheets, with the dispositions on the first sheet and the attestation clause on the second, both signed at the bottom. The Court found that: 1) Act 2645 did not require signatures on the left margin as long as the will was signed at the bottom, authenticating it. 2) Page numbering was unnecessary for a will written on one sheet only. 3) In the absence of evidence, it was presumed the will was in a dialect the testatrix understood since it was executed in her locality in Cebu.

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125 views2 pages

Digest Abangan V Abangan

The Supreme Court upheld the trial court's decision to admit the probate of Ana Abangan's will. The will was handwritten on two sheets, with the dispositions on the first sheet and the attestation clause on the second, both signed at the bottom. The Court found that: 1) Act 2645 did not require signatures on the left margin as long as the will was signed at the bottom, authenticating it. 2) Page numbering was unnecessary for a will written on one sheet only. 3) In the absence of evidence, it was presumed the will was in a dialect the testatrix understood since it was executed in her locality in Cebu.

Uploaded by

Paul Esparagoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Abangan v Abangan

Avancena; Nov 12, 1919

FACTS: - Act 2645 only took into


- Trial Court admitted Ana Abangan’s consideration cases of wills written on
probate. several sheets, which did not have to be
- The will is described in the signed at the bottom by the testator and the
following manner: witnesses.
o First sheet: - But when the dispositions are duly
 Contains all the disposition of written only on one sheet, and signed at the
the testatrix. bottom by the testator and the witnesses,
 Signed at the bottom by the signatures on the left would be
Martin Montalban (in the purposeless.
name and under the direction - If the signatures at the bottom
of Ana Abangan) already guarantee its authenticity, another
 Signed by three witnesses signature on the left margin would be
o Second sheet: unnecessary.
 Contains only the attestation - This interpretation of Act 2645 also
clause. applies to the page containing the
 Duly signed by the same three attestation clause (the second sheet). Such a
witnesses at the bottom. signature on the margin by the witnesses
 Was not signed by the would be a formality not required by the
testatrix herself statute.
- Anastacia Abangan (different - It is also not required that the
person) et al. appealed from this testatrix sign on the attestation clause
decision. She says that the probate because the attestation, as its name implies,
should have been denied on three appertains only to the witnesses and not the
grounds: testator since the testator does attest, but
o Neither of the sheets were executes the will.
signed on the left margin by
the testatrix and the three 2. Re: Page numbering
witnesses - Act 2645’s object in requiring this
o The pages were not was to know whether any sheet of the will
numbered by letters has been removed.
o It was written in a dialect - But when all the dispositive parts
that the testatrix did not of the will are written on one sheet only, the
understand. object of the Act 2645 disappears because
Issue: WON the probate should have been the removal of this single sheet although
admitted. unnumbered, cannot be hidden.
Ruling: Yes. The trial court was correct in
admitting the probate. 3. Re: dialect
- The circumstance appearing in the
1. Re: signing on the left margin will itself that the same was executed in the
- The object of Act 2645, which city of Cebu and in the dialect of this
requires that every sheet should be signed locality where the testatrix was a neighbor
on the left margin, is only to avoid the is enough to presume that the will was
substitution of any sheet, thereby changing written in a dialect that the testator knew,
the dispositions of the testatrix. absent any proof to the contrary.

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