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While each of the testators is yet living, he or she will continue to enjoy the fruits of Therefore, as a joint will is being prohibited by law, the estate of the wife should
the two lands (located in Cebu) aforementioned." pass upon her death to her intestate heirs and not to the testamentary heir (unless
some other valid will is shown to exist in favor of the latter or unless the
2. Aug. 30, 1939 – Bernabe (husband) died. Gervasia (wife) and Manuela submitted testamentary heir is the only heir of said wife).
to probate the will in the CFI of Cebu, which the court admitted. (Decree of probate
of 1939)
3. Oct. 14, 1952 –Gervasia died. Another petition for the probate of the same will
insofar as Gervasia was concerned was filed. But for failure of Manuela and her
attorney, Manuel Potot to appear for the hearing of said petition, the case was
dismissed.
4. CFI: Declared the testament null and void, for being executed contrary to the
prohibition of joint wills in the Civil Code.
CA: Reversed. The decree of probate in 1939 was issued by a court of probate
jurisdiction and conclusive on the due execution of the testament.
ISSUE
W/N the joint will in this case is valid.
HELD
YES. But as to the deceased husband, Bernabe, only.