Solla vs. Ascueta G.R. No.

24955 September 4, 1926 Facts: Dona Maria Sollas will read: "I desire and hereby name Leandro Serrano, my grandson and I desire him to comply with the obligation to give or to deliver to the parish priest of this town a sufficient sum of money necessary for a yearly novena and for an ordinary requiem mass for the 1st to 8th days thereof and on the 9th or last day, a solemn requiem mass with a vigil and a large bier (a stand on which a corpse or coffin is placed before burial), - for these masses are for the repose of my soul and those of my parents, husband, children, and other relatives. I repeat and insist that my heir shall execute and comply with this request without fail. And at the hour of his death, he will insist that his heirs comply with all that I have here ordered". In the earlier part of the will, Dona Maria ordered the distribution of legacies to her brothers, nephew, protges and servant. Leandro Serranos will on the other hand read: "I command my executor to put all of my property in order. I order my son Simeon not to forget annually all the souls of the relatives of my grandmother and also of mine and to have a mass said on the 1st and 9th days of the yearly novena and that he erect a 1st class bier. I sincerely desire that the property of my deceased grandmother, Capitana Maria (Solla) be disposed of in conformity with all the provisions of her will and of mine". Leandro named his son Simeon Serrano, as executor of his will and that he directed him to put all of his property in order and to separate

that which came from his deceased grandmother, Maria Solla. Leandro took possession of the property left by his grandmother when she died on June 11, 1883. He continued in possession of the same until his death on August 5, 1921. The petitioners (grandnieces and grandnephews) now assail his continued possession. The respondent is the widow of Leandro Serrano. Issue: What were the orders and requests that Maria Solla wanted her grandson and his heirs to faithfully comply with? Did she want Leandros heirs to continue the distribution of legacies too? Held: No. Ratio: In order to determine the testators intention, the court should place itself as near as possible in his position, Where the language of the will is ambiguous or doubtful, the court should take into consideration the situation of the testator and the facts and circumstances surrounding him at the time the will was executed. Where the testators intention was manifested from the context of the will and surrounding circumstances, but was obscured by inapt and inaccurate modes of expression, the language will be subordinated to the intention, in order to give effect to such intention, as far as possible. The court may depart from the strict wording and read the word or phrase in a sense different from that which was ordinarily attributed to it, and for such purpose, may mould or change the language of the will,

such as restricting its application or supplying words or phrases. In this case, it clearly appeared that it was Maria Sollas intention to insist upon compliance of her order by Leandros heirs, that the latter should comply with the pious orders and that was nor referring to her order concerning the legacies. The will should only be interpreted in so far as the pious orders are concerned (the prayers and masses).