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    Icasiano vs. Icasiano

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    Anonymous nBo7g7J49
    The document summarizes a legal case regarding the probate of a will. It discusses the facts of the case, which involve a will executed in duplicate by Josefa Villacorte in 1956. While one of the attesting witnesses failed to sign one page of the original will, all pages of the duplicate copy were signed. The court held that this minor error did not invalidate the will, as the purpose of ensuring the will's authenticity was still fulfilled by the signed duplicate copy. Precedent also showed some flexibility in strict interpretation of signature requirements. The opposing parties' arguments against the original and duplicate were also inconsistent, showing the omission was clearly inadvertent and not a reason to deny the will's probate.

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    Icasiano vs. Icasiano

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    Anonymous nBo7g7J49
    35 views2 pages
    The document summarizes a legal case regarding the probate of a will. It discusses the facts of the case, which involve a will executed in duplicate by Josefa Villacorte in 1956. While one of the attesting witnesses failed to sign one page of the original will, all pages of the duplicate copy were signed. The court held that this minor error did not invalidate the will, as the purpose of ensuring the will's authenticity was still fulfilled by the signed duplicate copy. Precedent also showed some flexibility in strict interpretation of signature requirements. The opposing parties' arguments against the original and duplicate were also inconsistent, showing the omission was clearly inadvertent and not a reason to deny the will's probate.

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    The document summarizes a legal case regarding the probate of a will. It discusses the facts of the case, which involve a will executed in duplicate by Josefa Villacorte in 1956. While one of the attesting witnesses failed to sign one page of the original will, all pages of the duplicate copy were signed. The court held that this minor error did not invalidate the will, as the purpose of ensuring the will's authenticity was still fulfilled by the signed duplicate copy. Precedent also showed some flexibility in strict interpretation of signature requirements. The opposing parties' arguments against the original and duplicate were also inconsistent, showing the omission was clearly inadvertent and not a reason to deny the will's probate.

    Copyright:

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

    Icasiano vs. Icasiano

    Uploaded by

    Anonymous nBo7g7J49
    The document summarizes a legal case regarding the probate of a will. It discusses the facts of the case, which involve a will executed in duplicate by Josefa Villacorte in 1956. While one of the attesting witnesses failed to sign one page of the original will, all pages of the duplicate copy were signed. The court held that this minor error did not invalidate the will, as the purpose of ensuring the will's authenticity was still fulfilled by the signed duplicate copy. Precedent also showed some flexibility in strict interpretation of signature requirements. The opposing parties' arguments against the original and duplicate were also inconsistent, showing the omission was clearly inadvertent and not a reason to deny the will's probate.

    Copyright:

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

    IN THE MATTER OF THE TESTATE ESTATE OF THE LATE JOSEFA

    VILLACORTE.
    CELSO ICASIANO, petitioner-appellee,
    vs.
    NATIVIDAD ICASIANO and ENRIQUE ICASIANO, oppositors-appellants.
    Notes: (from business dictionary)

    Definition of duplicate copy


    The two classifications are: (1) copies produced for information purposes only and which
    may be destroyed after use, and (2) copies that have administrative, fiscal, legal,
    or historical value.

    Definition of duplicate original


    A copy that has all the essential aspects of the original, including signatures.

    Notes
    A duplicate original of a letter may be created and sent by different routes to increase the
    likelihood that at least one original copy arrives to the addressee.
    FACTS:
    1. JosefaVillacorta executed her last will and testament in duplicate on June 2, 1956 and
    she died on Sept. 12, 1958. The will was:
    * attested by three instrumental witnesses- Justo Torres Jr., Jose Natividad and
    VinicioDy
    * acknowledged by the testatrix and the three instrumental witnesses on the same
    date before Atty. Ong, Notary Public
    * the will was actually prepared by Atty. Samson who was present during the
    execution and signing of the decedent’s last will and testament.
    * pages of the original and duplicate were duly numbered
    * the attestation clause contains all the facts required by law to be recited therein
    and signed by the attesting witnesses
    * will is written in the language known to and spoken by the testatrix (Tagalog)
    * will was executed in one single occasion in duplicate copies
    * both original and duplicate copies were duly acknowledged before the Notary
    Public on the same date.
    2. The will consisted of five pages and while signed at the end and in every page, it does
    not contain the signature of one of the attesting witnesses, Atty. Jose Natividad on page 3
    thereof; but the duplicate copy attached was signed by the testatrix and the three attesting
    witnesses in each and every page.
    ISSUE: Does the failure of one of the attesting witnesses to sign on one page of the original
    invalidate the will, and hence, denial of the probate?
    HELD: NO.
    1. The inadvertent failure of one of the witnesses to affix his signature to one page of a
    testament, due to the simultaneous lifting of two pages in the course of signing, is not per
    se sufficient to justify the denial of the probate. The impossibility of substituting this page
    is cured since the testatrix and two other witnesses signed the defective page, and that the
    document bears the imprint of the seal of the notary public before whom the testament was
    ratified by the testatrix and all three witnesses.
    2. The law should not be strictly and literally interpreted as to penalize the testatrix on
    account of the inadvertence of a single witness over whose conduct she has no control,
    where the purpose of the law to guarantee the identity of the testament and its component
    pages is sufficiently attained, no intentional or deliberate deviation existence, and the
    evidence on record attests to the full observance of the statutory requisites.
    3. Despite the literal tenor of the law, the Court has held that in other cases that;
    a. a testament with the only page signed at its foot by the testator and witnesses but not in
    the left margin could be probated(Abangan vs. Abangan)
    b. despite the requirement of correlative lettering of the pages of a will, the failure to make
    the first page either by letters or numbers is not a fatal defect (Lopez vs. Liboro).
    These precedents exemplify the Court’s policy to require satisfaction of the legal
    requirements in order to guard against fraud and bad faith, but without undue or
    unnecessary curtailment of the testamentary privilege.
    4. The appellants also argued that since the original of the will is in existence and available,
    the duplicate is not entitled to probate. Since they opposed the probate of the original
    because of the lacking signature on page 3, it is easily discerned that the oppositors-
    appellants run into a dilemma. If the original is defective and invalid, then in the law, there
    is no other will but the duly signed carbon duplicate, and the same is probatable. If the
    original is valid and can be probated, then the objection to the signed duplicate need not be
    considered, being superfluous and irrelevant. At any rate, said duplicate, serves to prove
    that the omission of one signature in the third page of the original testament was inadvertent
    and not intentional.

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