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G.R. No.

42258 September 5, 1936


In re Will of the deceased Leoncia Tolentino. VICTORIO PAYAD vs. AQUILINA TOLENTINO

Facts: Leoncia Tolentino executed a will 1 day before her death. The evidence on record establishes
the fact that Leoncia, assisted by Atty. Almario palced her thumbmark on each and every page of the
will and the Atty. Merely wrote her name to indicate the place where she placed her thumbmark. TC
denied probate on the ground that the AC was not in conformity w/ the reqts of law in that it is not
stated that the testatrix caused Atty. Almario to write her name at her express direction. Both parties
appealed. Oppositor Aquilana Tolentino’s appeal is based on the fact that the will was executed after
Leoncia’s death.

Issue: WON the will is executed in accordance with law

Ruling: YES.

Ratio: It is NOT necessary that the attestation clause should state that the testatrix requested Atty.
Almario to sign her name because the testatrix signed the will in accordance with law. Atty. Almario
did not sign for the testatrix. She personally signed it by placing her thumbmark on each and every
page. A statute requiring a will to be signed is satisfied if the signature is made by the testator’s mark.