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Leocadia Dimanlig Vs. Victoria Cusi Et Al. 048 Phil 394

In re will of Norberto Cusi, deceased. LEOCADIO DIMANLIG, petitioner-appellee, vs. VICTORIA CUSI, ET AL., opponents-appellants.

G.R. No. 23894 | 1925-12-03

D E C I S I O N


VILLA-REAL, J .:

This is an appeal taken by Victoria Cusi, Vicente Cusi, Mamerto Cusi, Candelaria Cusi, Juliana Cusi and Miguel Cusi, from a judgment of the Court of First Instance of Batangas, ordering the allowance and probate of the will executed by the deceased Norberto Cusi on April 3, 1900.

The appellants contend that the trial court "erred ordering document Exhibit B to be allowed to probate as the last will and testament of the deceased Norberto Cusi," for the chief reason that the provision of the second paragraph of article 703 of the Civil Code was not complied with, which provides: "If the testator dies...