- Petitioner
- Cristina Samson
- Respondent
- Monica Naval
- Citation
- G.R. No. 11823
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Araullo, J.
- Decided
- February 11, 1918
Summary
This succession case involved competing wills of Simeona F. Naval who died in 1915. The Supreme Court addressed whether a will dated October 31, 1914 was revoked by a subsequent will dated February 13, 1915. The Court held that the later will, having been found invalid for improper execution (not signed in presence of three witnesses, two witnesses not signing in each other's presence), could not revoke the earlier valid will. The decision established that under Article 739 of the Civil Code and Section 623 of the Code of Civil Procedure, only a valid subsequent will can revoke a former will. The revocatory clause in an invalid will has no legal effect, as an imperfect testamentary instrument cannot operate to revoke a prior valid will. The Court affirmed the probate of the 1914 will.