Testate Estate of the Deceased Damasa Crisostomo. Nazario Trillana, vs. Consorcia P. Crisostomo, et al.
G.R. No. L-3378, August 22, 1951
This is an appeal from an order of the Court of First Instance of Bulacan denying the appellants’ petition for relief from the judgment of the said court allowing the will of October 19, 1948, executed by the deceased Damasa Crisostomo. The appellants in the present case, who merely alleged in their petition for relief that they are nephews and nieces and therefore legal heirs of the deceased Damasa Crisostomo, without specifying the degree of relationship they had with the latter, do not pretend that if the will of October 19, 1949, be disallowed, they will inherit the estate left by the testatrix. They contend that said will should be probated jointly or together with the will of August 16, 1948, and the latter be allowed instead of the former. As in her will of October 19, 1949, as well in that of August 16, 1948, the testatrix is leaving all her properties as legacies to other persons, the appellants have no interest in the probate of said wills, and they can not appeal from the judgment which allowed one of them instead of the other.
Whether or not the trial court erred in allowing the October 19, 1949 will
No. The lower court was right in not setting a date for proving the will of August 16, 1948, because this will was expressly and absolutely revoked by the will of October 19, 1948, executed by the same executrix or deceased, which was filed for allowance on November 1, 1948, with the same Court of First Instance of Bulacan. According to the attorneys for the appellant, the will dated August 16, 1948, was sent together with a writing called “Manifestation” by registered mail on October 30, 1948, from Manila to the Court of First Instance of Bulacan, by Attorney Mr. Tomas V. Barnes, and said will must have been received by the Clerk of Said Court on or after November 1, 1948, the date when the subsequent will of October 19, was filed for probate. It stands to reason that if two wills are presented for allowance but one of them revoked, such will cannot be included in the probate of the latter subsequent will, because it would be a waste of time to allow the revoked will if the subsequent revoking will is allowed. The revoked will may be probated and allowed only if the subsequent revoking will is disallowed.