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    Payad v. Tolentino, GR 42258, 1:15:1936

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    Joffrey Urian
    This document summarizes a court case from 1936 regarding the will of Leoncia Tolentino. The trial court denied probating the will because the attestation clause did not state that the testator requested their name be written, even though the testator signed with a thumbprint on each page. The appellate court reversed, finding that the will was validly signed according to law since the testator affixed their thumbprint, so it was not necessary for the attestation clause to mention their name being written. The appellate court admitted the will to probate.

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    Payad v. Tolentino, GR 42258, 1:15:1936

    Uploaded by

    Joffrey Urian
    45 views2 pages
    This document summarizes a court case from 1936 regarding the will of Leoncia Tolentino. The trial court denied probating the will because the attestation clause did not state that the testator requested their name be written, even though the testator signed with a thumbprint on each page. The appellate court reversed, finding that the will was validly signed according to law since the testator affixed their thumbprint, so it was not necessary for the attestation clause to mention their name being written. The appellate court admitted the will to probate.

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    5. Payad v. Tolentino, GR 42258, 1:15:1936

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    This document summarizes a court case from 1936 regarding the will of Leoncia Tolentino. The trial court denied probating the will because the attestation clause did not state that the testator requested their name be written, even though the testator signed with a thumbprint on each page. The appellate court reversed, finding that the will was validly signed according to law since the testator affixed their thumbprint, so it was not necessary for the attestation clause to mention their name being written. The appellate court admitted the will to probate.

    Copyright:

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

    Payad v. Tolentino, GR 42258, 1:15:1936

    Uploaded by

    Joffrey Urian
    This document summarizes a court case from 1936 regarding the will of Leoncia Tolentino. The trial court denied probating the will because the attestation clause did not state that the testator requested their name be written, even though the testator signed with a thumbprint on each page. The appellate court reversed, finding that the will was validly signed according to law since the testator affixed their thumbprint, so it was not necessary for the attestation clause to mention their name being written. The appellate court admitted the will to probate.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    2/15/23, 4:39 PM [ G. R. No. 42258.

    January 15, 1936 ]

    62 Phil. 848

    [ G. R. No. 42258. January 15, 1936 ]


    IN RE WILL OF THE DECEASED LEONCIA TOLENTINO. VICTORIO
    PAYAD, PETITIONER AND APPELLANT, VS. AQUILINA TOLENTINO,
    OPPOSITOR AND APPELLANT.
    DECISION

    GODDARD, J.:

    Both parties in this case appeal from an order of the trial court denying the probate of the alleged
    will of Leoncia Tolentino, deceased. That court found that the will in question was executed by the
    deceased on the date appearing thereon, September 7,1933, one day before the death of the
    testatrix, contrary to the contention of the oppositor that it was executed after her death. The court,
    however, denied probate on the ground that the attestation clause was not in conformity with the
    requirements of law in that it is not stated therein that the testatrix caused Attorney Amario to write
    her name at her express direction.

    The appeal of the oppositor-appellant is based upon the alleged failure of the trial court in not
    finding that the will in question was executed after the death of Leoncia Tolentino, or that she was
    mentally and physically incapable of executing said with one day before her death. After a careful
    examination of the evidence on these points we find no reason for setting aside the conclusion of
    the trial court as set forth above. The assignments of the oppositor-appellant are therefore
    overruled.

    As to the contention of the petitioner-appellant, as stated above, the trial court denied probate of the
    will on the sole ground that the attestation clause does not state that the testatrix requested Attorney
    Almario to write her name. The last paragraph of the questioned will reads in part as follows:

    "En prueba de todo lo cual, firmo el presente testamento con mi marca digital, porque no
    puedo estampar mi firma a causa de mi debilidad, rogando al abogado M. Almario que
    ponga mi nombre en el sitio donde he de estampar mi marca digital * * *."

    The evidence of record establishes the fact that Leoncia Tolentino, assisted by Attorney Almario,
    placed her thumb mark on each and every page of the questioned will and that said attorney
    merely wrote her name to indicate the place where she placed said thumb mark. In other words
    Attorney Almario did not sign for the testatrix. She signed by placing her thumb mark on each and
    every page thereof. "A statute requiring a will to be 'signed' is satisfied if the signature is made by
    the testator's mark." (Quoted by this court from 28 R. C. L., p. 117; De Gala vs. Gonzales and
    Ona, 53 Phil., 104, 108.) It is clear, therefore, that it was not necessary that the attestation clause in
    question should state that the testatrix requested Attorney Almario to sign her name inasmuch as the
    testatrix signed the will in question in accordance with law.

    The appealed order of the trial court is reversed and the questioned will of Leoncia Tolentino,
    deceased, is hereby admitted to probate with the costs of .this appeal against the oppositor-
    appellant.

    https://elibrary.judiciary.gov.ph/search 1/2
    2/15/23, 4:39 PM [ G. R. No. 42258. January 15, 1936 ]

    Malcolm, Vitta-Real, Imperial, and Butte, JJ., concur.

    Source: Supreme Court E-Library | Date created: July 23, 2014


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    https://elibrary.judiciary.gov.ph/search 2/2

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