In Re Will of Norberto Cusi v. Victoria Cusi

Summary

This case involves the probate of Norberto Cusi's will executed on April 3, 1900, during imminent danger of death. Cusi died on August 3, 1900, during a period of public disorder in Batangas when courts were not yet organized. The Supreme Court reversed the trial court's allowance of probate, declaring the will void for non-compliance with Civil Code article 703, which requires incorporation in a public document within three months of death. While acknowledging that public disorder initially suspended this period, the Court held that the requirement should have been fulfilled once courts were restored. The case establishes that legal impossibility may suspend statutory periods, but compliance is required once the impossibility ceases. The Court also noted estoppel and prescription issues since heirs possessed their allotted property for over 20 years without challenge.