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Sabado vs. Fernandez

QUINTINA R. SABADO, applicant-appellant, vs. LEONCIA FERNANDEZ, oppositor-appellee.

G.R. No. 47701 | 1941-06-27

D E C I S I O N

LAUREL, J p:

Hermogenes R. Sabado before his death which occurred on March 13, 1938, executed a will which was presented in the court below as Exhibit A. He left neither descendants nor ascendants. His sister, Quintina R. Sabado, moved for the allowance of the will. The widow of the deceased, Leoncia Fernandez, opposed the allowance. The Court of First Instance of Pangasinan disallowed the will, on the ground that the attestation clause is defective and does not state that the witnesses signed the will in the presence of the testator as required by section 618 of the Code of Civil Procedure. From this disallowance, appeal...