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PAYAD V. TOLENTINO Presentation

The will was prepared by an attorney in the testator Leoncia Tolentino's home in Spanish. It left her properties to Victorio Payad for his faithful services. The will was read to Leoncia in front of witnesses, and with the attorney's assistance, she placed her thumbprint between her written name to sign each page. During probate, the court denied the will's validity because the attestation clause did not state Leoncia requested her name be written. However, the high court ruled the will was valid since Leoncia signed with her thumbprint and the attorney only wrote her name to indicate where she placed her mark.

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91 views5 pages

PAYAD V. TOLENTINO Presentation

The will was prepared by an attorney in the testator Leoncia Tolentino's home in Spanish. It left her properties to Victorio Payad for his faithful services. The will was read to Leoncia in front of witnesses, and with the attorney's assistance, she placed her thumbprint between her written name to sign each page. During probate, the court denied the will's validity because the attestation clause did not state Leoncia requested her name be written. However, the high court ruled the will was valid since Leoncia signed with her thumbprint and the attorney only wrote her name to indicate where she placed her mark.

Uploaded by

dianne227172
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PAYAD V.

TOLENTINO
GR NO. 42258
SEPTEMBER 5, 1936
Facts:
The will was prepared by Attorney Marciano Almario on
September 7, 1933, in his own handwriting, in Spanish, and
in the house of the Leoncia Tolentino, the testator.

The will disposes her properties to Victorio Payad in


compensation for his diligent and faithful services to
Leoncia.

It was later read to her in the presence of Pedro, Jose,


Perfecto and others who were then present. The testator
approved all the contents and requested Atty. Almario to
write her name.
Facts:
Atty. Almario proceeded to write the name of the testator on
the three pages composing the will. With the assistance of
Atty. Almario, the testator placed her thumbmark between
her name and surname.

Atty. Almario later on signed the three pages consisting the


will in the presence of the testator and the witness in the
same circumstances.

During probate proceedings, the Court denied probate on


the ground that the attestation clause does not state that the
testator requested Atty. Almario to write her name.
Issue:
Is the will valid?
Ruling:
Yes. It is not necessary that the attestation clause should
state that the testator requested Atty. Almario to sign her
name because the attorney did not sign for the testator.

The testator signed by placing her thumbmark. A statute


requiring a will to be signed is satisfied if the signature is
made by the testator’s mark.

Leocia was only assisted by Atty. Almario in placing her


thumbmark on each and every page of the will and the said
attorney merely wrote her name to indicate the place where
she placed said thumbmark.

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