G.R. No. L-7188 August 9, 1954
On September 6, 1923, Father Sancho Abadia, parish priest executed a holographic will. He died on January 14, 1943 and left properties estimated at P8,000 in value. Andres Enriquez, one of the legatees filed a petition for its probate. Some cousins and nephews who would inherit the estate of the deceased if he left no will, filed opposition.
At the time of the testator’s death, holographic wills were not permitted by law. However during the hearing, the new Civil Code was already in force, which Code permitted the execution of holographic wills. The trial court admitted to probate the will for the reason that under a liberal view, and to carry out the intention of the testator which is the controlling factor and may override any defect in form. The oppositors are appealing from that decision.