Back

In re Will of Riosa

In the matter of the probation of the will of Jose Riosa. MARCELINO CASAS

G.R. No. 14074 | 1918-11-07

Republic of the Philippines
SUPREME COURT
Manila
 
EN BANC
 
D E C I S I O N

MALCOLM, J .:

The issue which this appeal presents is whether in the Philippine Islands the law existing on the date of the execution of a will, or the law existing at the death of the testator, controls.

Jose Riosa died on April 17, 1917. He left a will made in the month of January, 1908, in which he disposed of an estate valued at more than P35,000. The will was duly executed in accordance with the law then in force, namely, Section 618 of the Code of Civil Procedure. The will was not executed in accordance with Act No. 2645, amendatory of said Section 618,...