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    Petitioner-Appellant Vs Vs Respondent Teodoro Gonzalez, Gabriel & Borbon

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    genel marquez
    The testatrix, Jacoba Concepcion Salcedo, was unable to sign her will. She requested that Feliciano Maglaqui sign it for her. However, instead of writing the testatrix's name, Maglaqui wrote his own name. The lower court refused to probate the will because the testatrix's name was not signed. The Supreme Court affirmed, following previous decisions that a will is not duly executed if the person signing writes their own name instead of the testatrix's name.

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    Petitioner-Appellant Vs Vs Respondent Teodoro Gonzalez, Gabriel & Borbon

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    genel marquez
    28 views2 pages
    The testatrix, Jacoba Concepcion Salcedo, was unable to sign her will. She requested that Feliciano Maglaqui sign it for her. However, instead of writing the testatrix's name, Maglaqui wrote his own name. The lower court refused to probate the will because the testatrix's name was not signed. The Supreme Court affirmed, following previous decisions that a will is not duly executed if the person signing writes their own name instead of the testatrix's name.

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    [9] 160664-1906-Guison_v._Concepcion20161222-672-stmb92

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    The testatrix, Jacoba Concepcion Salcedo, was unable to sign her will. She requested that Feliciano Maglaqui sign it for her. However, instead of writing the testatrix's name, Maglaqui wrote his own name. The lower court refused to probate the will because the testatrix's name was not signed. The Supreme Court affirmed, following previous decisions that a will is not duly executed if the person signing writes their own name instead of the testatrix's name.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    28 views2 pages

    Petitioner-Appellant Vs Vs Respondent Teodoro Gonzalez, Gabriel & Borbon

    Uploaded by

    genel marquez
    The testatrix, Jacoba Concepcion Salcedo, was unable to sign her will. She requested that Feliciano Maglaqui sign it for her. However, instead of writing the testatrix's name, Maglaqui wrote his own name. The lower court refused to probate the will because the testatrix's name was not signed. The Supreme Court affirmed, following previous decisions that a will is not duly executed if the person signing writes their own name instead of the testatrix's name.

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    EN BANC

    [G.R. No. 2586. January 19, 1906.]

    TOMAS GUISON , petitioner-appellant, vs . MARIA CONCEPCION ,


    respondent.

    Teodoro Gonzalez, for appellant.


    Gabriel & Borbon, for appellee.

    SYLLABUS

    1. WILLS; INABILITY TO SIGN; SIGNATURE BY ANOTHER. — The testatrix was


    not able to sign her name to the will, and she requested another person to sign it for
    her. Instead of writing her name he wrote his own upon the will. Held, That the will was
    not duly executed. (Following Ex No. 2002, August 18, 1905.)

    DECISION

    WILLARD , J : p

    Jacoba Concepcion Salcedo made her will in Manila, on January 3, 1904. The last
    part of the will is as follows:
    "Asi lo otorgo ante los testigos Señores Ambrosio Reyes, Mariano de Leon
    y Felix Polintan, de Manila, Islas Filipinas, y por no yo poder firmar, firma a mi
    ruego el mismo Feliciano Maglaqui, en mi presencia y de los mencionados
    testigos, quienes tambien suscriben, cada uno de ellos en presencia de los otros y
    la mia.
    "(Firmado) FELICIANO MAGLAQUI.
    "(Firmado) AMBROSIO REYES.

    "(Firmado) MARIANO DE LEON.

    "(Firmado) FELIX POLINTAN.


    "Nosotros Ambrosio Reyes, Mariano de Leon y Felix Polintan,
    atestiguamos que Filiciano Maglaqui, a ruego de la Sra. Jacoba Concepcion
    Salcedo y en presencia de la misma y la nuestra, firmo el testamento que
    antecede; y que cada uno de nosotros lo firmo en presencia de los otros y de
    dicha testadora.
    "Manila, tres de Enero de mil novecientos cuatro.
    "(Firmado) AMBROSIO REYES.

    CD Technologies Asia, Inc. © 2016 cdasiaonline.com


    "(Firmado) MARIANO DE LEON.

    "(Firmado) FELIX POLINTAN."


    It will be seen that the witness Feliciano Maglaqui, instead of writing the name of
    the testatrix on the will, wrote his own. Probate of the will was refused in the court
    below on the ground that the name of the testatrix was not signed thereto, and the
    petitioner has appealed. The question presented has been decided adversely to the
    appellant in the following cases: Ex parte Pedro Arcenas et al., 1 No. 1708, August 24,
    1905 (4 Off. Gaz., 568); Ex parte Nemesio Del n Santiago, 2 No. 2002, August 18, 1905
    (4 Off. Gaz., 507.)
    The judgment of the court below is af rmed, with the costs of this instance
    against the appellant, and after the expiration of twenty days judgment should be
    entered in accordance herewith and the case remanded to the court below for
    execution. So ordered.
    Arellano, C.J., Mapa, Johnson and Carson, JJ., concur.

    Footnotes

    1. 4 Phil. Rep., 700.

    2. 4 Phil. Rep., 692.

    CD Technologies Asia, Inc. © 2016 cdasiaonline.com

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