21.

What are the formalities which are required for the execution of an ordinary
or notarial will? (1915, 1921, 1928, 1946)
ANS: The formalities or solemnities which must be complied with in the execution
of an ordinary or notarial will are as follows:
(1) W The will must be in writing;
(2) L The will must be written in a language or dialect known to the testator;
(3) S The will must be subscribed at the end thereof by the testator himself or
by the testator's name written by some other person in his presence and by his e
xpress direction;
(4) 3A The will must be attested and subscribed by 3 or more credible witnesses
in the presence of the testator and of one another;
(5) STW The testator or the person requested by him to write his name and the in
strumental witnesses of the will shall also sign each and every page thereof, ex
cept the last, on the left margin;
(6) N All the pages of the will must be numbered correlatively in letters placed
on the upper part of each page;
(7) A The will must contain an attestation clause; and
(8) N The will must be acknowledged before a notary public by the testator and t
he witnesses. (Arts. 804-806, CC.)
25. What is meant by attestation and subscription?
ANS: Attestation of the will by the instrumental witnesses consists in the act o
f witnessing the execution of the will by the testator in order to see and take
note mentally that those things are done which the statute requires for the exec
ution of a will and that the signature of the testator exists as a fact. Strictl
y speaking, it is the act of the witnesses, not that of the testator, in executi
ng the"will and requesting the witnesses to sign as such. Its purpose is to rend
er available proof that there has been a compliance with the statutory requireme
nts for the execution of a will.
Subscription, on the other hand, consists in the manual act of the instrumental
witnesses in affixing their signatures to the instrument. Its only purpose is fo
r identification.
57. What are the different modes of revocation? ANS: No will shall be revoked ex
cept in the following cases:
(1) By implication of law; or
(2) By some will, codicil, or other writing executed as provided in case of will
s; or
(3) By burning, tearing, cancelling, or obliterating the will with the intention
of revoking it, by the testator himself,
or by some other person' in his presence, and by his express direction.
If burned, torn, cancelled, or obliterated by some other person, without the exp
ress direction of the testator, the will may still be established,
and the estate distributed in accordance therewith, if its contents, and due exe
cution,
and the fact of its unauthorized destruction, cancellation, or obliteration are
established
according to the Rules of Court. (Art. 830, CC.)