IN RE WILL OF THE DECEASED LEONCIA TOLENTINO Case flow:

VICTORIO PAYAD, PETITIONER-APPELLANT CFI – Petition for probate of a will – DENIED

Ratio: It was not stated in the attestation clause of the will
VS. that the testatrix caused Attorney Amario to write her name
at her express direction.
AQUILINA TOLENTINO, OPPOSITOR-APPELLANT
SC – RTC decision reversed. The will of Leoncia Tolentino is
G.R. No. 42258, January 15, 1936 admitted to probate.

FACTS:
 Victoria Payad filed a petition for probate of the will of Leoncia Tolentino, deceased.
 This was opposed by Aquilina Tolentino, averring that said Will was made only after the death of the testatrix.
 The lower court denied the probate of the will on the ground that the attestation clause was not in conformity
with the requirements of the law since it was not stated therein that the testatrix caused Atty. Almario to write
her name at her express direction.
 Both parties appeal from the decision of the trial court denying the probate of the will.

ISSUE(s):
WON it was necessary that the
attestation clause in question
state that the testatrix
requested Atty. Almario to sign
her name
HELD:
NO, it was not necessary.
The evidence of record establishes the fact that Leoncia Tolentino, assisted by
Attorney Almario, placed her thumb mark on each and every page of the questioned
will and that said attorney merely wrote her name to indicate the place where she
placed said thumb mark. In other words Attorney Almario did not sign for the
testatrix. She signed by placing her thumb mark on each and every page thereof.

It was not necessary that the attestation clause in question should state that the
testatrix requested Attorney Almario to sign her name inasmuch as the testatrix
signed the will in question in accordance with law.

DOCTRINES ( from eSCRA):

WILLS; ATTESTATION CLAUSE; TESTATOR'S SIGNATURE.—It was not necessary that the attestation clause in question
should state that the testatrix requested Attorney Almario to sign her name inasmuch as the testatrix signed the will in
question in accordance with law.

ID. ; ID. ; TESTATOR'S MARK.—"A statute requiring a will to be 'signed' is satisfied if the signature is made by the
testator's mark."