3. In re WILL of the deceased Leoncia Tolentino. VICTORIO PAYAD vs.

AQUILINA Dispositive: The appealed order of the trial court is reversed and the questioned will of
TOLENTINO Leoncia Tolentino, deceased, is hereby admitted to probate with the costs of this appeal
G.R. No. 42258 | January15, 1936 against the oppositor-appellant.

Topic: Notarial Wills

Doctrine/s:
TESTATOR'S SIGNATURE. — It was not necessary that the attestation clause in question
should state that the testatrix requested Attorney A to sign her name inasmuch as the
testatrix signed the will in question in accordance with law.
TESTATOR'S MARK. — "A statute requiring a will to be 'signed' is satisfied if the signature
is made by the testator's mark."
Facts:
1. VIctorio Payad and Aquilina Tolentino filed an appeal from the decision of the trial
court to deny the probate of the will of one Leoncia Tolentino.
2. That court found that the will in question was executed by the deceased on the date
appearing thereon, September 7, 1933, one day before the death of the testatrix, but
the court, denied probate on the ground that the attestation clause was not in
conformity with the requirements of law in that it is not stated therein that the
testatrix caused Attorney Almario to write her name at her express direction.
3. The appeal of Tolentino is based upon the alleged failure of the trial court in not
finding that the will in question was executed after the death of Leoncia Tolentino,
or that she was mentally and physically incapable of executing said will one day
before her death.
4. The contention of VIctorio Payad on the otherhand was that the trial court denied
probate of the will on the sole ground that the attestation clause does not state that
the testatrix requested Attorney Almario to write her name.
Notes: (facts from the sept. 1936 case, baka kasi magulo yung instant case kasi wala
masyado details)
Leoncia Tolentino, notwithstanding her advanced age of 92 years, was in good health until
September 1, 1933. She had a slight cold on said date for which reason she was visited by
her physician, Dr. Florencio Manuel. Said physician again visited her three or four days
later and found her still suffering from said illness but there was no indication that she had
but a few days to live. She ate comparatively well and conserved her mind and memory at
least long after noon of September 7, 1933.
On September 7, 1933, she made a will prepared by Attorney Marciano Almario between
11 and 12 o'clock noon in her house bequeathing her property to the petitioner Victorio
Payad in compensation according to her, for his diligent and faithful services rendered to
her.
The 3 page will was:
 written by Attorney Almario in his own handwriting, and was written in Spanish
because he had been instructed to do so by the testatrix
 read to her in the presence of: Pedro L. Cruz, Jose Ferrer Cruz, Perfecto L. Ona and
other persons who were then present.
 approved all the contents of the document by the testatrix and
 sign by means of testatrix’s thumbmark because she was too weak to hold a pen.
 attorney later signed the three pages of the will in the presence of the testatrix and
also of Pedro L. Cruz, Jose Ferrer Cruz and Perfecto L. Ona, who all then signed as well.

Issue: W/N the attestation clause was in conformity with the requirements of law

Held: Yes.

The evidence of record establishes the fact the 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 is clear, therefore, that 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.