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    Cargo v. Cargo, GR L-5826, Apr. 29, 1953

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    Christan Axe
    This document summarizes a Supreme Court case from 1953 regarding the will of Vicente Cagro. The will was contested by oppositors who argued it was defective because the attestation clause lacked the signatures of the three witnesses. The Supreme Court agreed, finding that an attestation clause must bear the signatures of the witnesses in order to be valid. As the will in question did not have the witnesses' signatures on the attestation clause, the court ruled the will was defective and denied its probate.

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    Cargo v. Cargo, GR L-5826, Apr. 29, 1953

    Uploaded by

    Christan Axe
    70 views1 page
    This document summarizes a Supreme Court case from 1953 regarding the will of Vicente Cagro. The will was contested by oppositors who argued it was defective because the attestation clause lacked the signatures of the three witnesses. The Supreme Court agreed, finding that an attestation clause must bear the signatures of the witnesses in order to be valid. As the will in question did not have the witnesses' signatures on the attestation clause, the court ruled the will was defective and denied its probate.

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    This document summarizes a Supreme Court case from 1953 regarding the will of Vicente Cagro. The will was contested by oppositors who argued it was defective because the attestation clause lacked the signatures of the three witnesses. The Supreme Court agreed, finding that an attestation clause must bear the signatures of the witnesses in order to be valid. As the will in question did not have the witnesses' signatures on the attestation clause, the court ruled the will was defective and denied its probate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views1 page

    Cargo v. Cargo, GR L-5826, Apr. 29, 1953

    Uploaded by

    Christan Axe
    This document summarizes a Supreme Court case from 1953 regarding the will of Vicente Cagro. The will was contested by oppositors who argued it was defective because the attestation clause lacked the signatures of the three witnesses. The Supreme Court agreed, finding that an attestation clause must bear the signatures of the witnesses in order to be valid. As the will in question did not have the witnesses' signatures on the attestation clause, the court ruled the will was defective and denied its probate.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Testate estate of the late VICENTE CAGRO.

    JESUSA
    CAGRO, petitioner-appellee, vs. PELAGIO CAGRO, ET
    AL., oppositors-appellants.|||

    G.R. No. L-5826, April 29, 1953

    1. WILLS; ATTESTATION CLAUSE; LACK OF SIGNATURES


    OF ATTESTING WITNESSES AT BOTTOM OF
    ATTESTATION CLAUSE, IS FATAL DEFECT. — Inasmuch as
    the signatures of the three witnesses to the will do not appear at the
    bottom of the attestation clause, although the page containing the
    same is signed by the witnesses on the left-hand margin, the will is
    fatally defective. The attestation clause is "a memorandum of the
    facts attending the execution of the will" required by law to be
    made by the attesting witnesses, and it must necessarily bear their
    signatures.

    FACTS:

    This is an appeal interposed by the oppositors from a decision of


    the Court of First Instance of Samar, admitting to probate the will
    allegedly executed by Vicente Cagro who died in Laoangan,
    Pambujan, Samar, on February 14, 1949.

    The main objection insisted upon by the appellants is that the will
    is fatally defective, because its attestation clause is not signed by
    the attesting witnesses. There is no question that the signatures of
    the three witnesses to the will do not appear at the bottom of the
    attestation clause, although the page containing the same is signed
    by the witnesses on the left-hand margin.

    ISSUE

    WHETHER OR NOT THE WILL WAS DEFECTIVE

    HELD

    YES. We are of the opinion that the position taken by the appellant
    is correct. The attestation clause is "a memorandum of the facts
    attending the execution of the will" required by law to be made by
    the attesting witnesses, and it must necessarily bear their
    signatures. An unsigned attestation clause cannot be considered as
    an act of the witnesses, since the omission of their signatures at the
    bottom thereof negatives their participation.

    The petitioner and appellee contends that signatures of the three


    witnesses on the left-hand margin conform substantially to the law
    and may be deemed as their signatures to the attestation clause.
    This is untenable, because said signatures are in compliance with
    the legal mandate that the will be signed on the left-hand margin of
    all its pages. If an attestation clause not signed by the three
    witnesses at the bottom thereof, be admitted as sufficient, it would
    be easy to add such clause to a will on a subsequent occasion and
    in the absence of the testator and any or all of the witnesses.

    Wherefore, the appealed decision is reversed and the probate of the


    will in question denied. So ordered with costs against the petitioner
    and appellee.

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