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Herreros vs. Gil [Dissenting, TUASON, J.]

Testate estate of Carlos Gil, deceased. ISABEL HERREROS VDA. DE GIL, administratrix-appellee, vs. PILAR GIL VDA. DE MURCIANO, oppositor-appellant.

G.R. No. L-3362 | 1951-03-01

Separate Opinions
 
TUASON, J., dissenting:

The decision takes for granted that the will was written just as it was copied in the stipulation of facts by the parties. But counsel for appellee makes the correctness of the copy an issue thereby raising the question of not whether the burnt will possessed the statutory requirements but whether the copy is erroneous. Since this is a chief feature on which the appellee's case is built; since, in fact, the objection to the form of the attestation clause, with which the decision wholly deals, would disappear if the appellee's contention were well founded, it is proper that in this...