Landmark Case

A executed 2 wills. The first was executed in 1950 while the second will in 1960. In
the second will, there is an express revocatory clause wherein the testator
categorically declared that he is revoking the will executed in 1950. In both wills,
however, his wife, B, is the only beneficiary. After the death of A in 1962, the second
will was presented for probate in the CFI of Manila, but it was disallowed for noncompliance with the formalities prescribed by law. In despair, B presented a copy of
the will executed in 1950 for probate in the same court. The probate is now
contested by the nephews and nieces of the testator on the gorund of: 1 st, the will
has already been revoked by the will executed in 1960; and 2 nd that granting
without admitting that the 2nd will did not really revoke the will of 1950, yet the fact
remains that when A executed the will of 1960, he destroyed the will in 1950 with
intent to revoke. Decide

Newly Decided Case

Placido and Dominga had four children, Antonio, Exequiel, , Apolonio and Valentin.
Exequiel had a daughter, Gregoria , Antonio has a daughter Maria and Valentin had
a son Philip. After Exequiels death, the property passed on to his spouse Leonor
and only daughter, Gregoria. After Leonors death, her share went to Gregoria.
Gregoria died intestate and without issue. Julia, who is Leonors sister, adjudicated
unto herself all these properties as the sole surviving heir of Leonor and Gregoria.
Maria and Philip claim that the properties should have been reserved by respondent
in their behalf and must now revert back to them. Decide.

Natividads holographic will, which had only one (1) substantial provision, as first
written, named Rosa as her sole heir. However, when Gregorio presented it for
probate, it already contained an alteration, naming Gregorio, instead of Rosa, as
sole heir, but without authentication by Natividads signature. Rosa opposes the
probate alleging such lack of proper authentication. She claims that the unaltered
form of the will should be given effect. Decide.