Fernandez v. Dimagiba

Summary

This case involved the probate of Benedicta de los Reyes' 1930 will naming Ismaela Dimagiba as sole heir, opposed by the deceased's intestate heirs. The main issue was whether the will was impliedly revoked when the testatrix executed deeds of sale in favor of the legatee in 1943-1944, covering most of the estate. The Supreme Court affirmed the probate, holding that no revocation occurred under Article 957 of the Civil Code since the alienations were made to the beneficiary herself without consideration and were later annulled due to undue influence. The Court emphasized that revocation requires a genuine change of testamentary intent, which was absent when the transferee was the same person named in the will. The decision clarifies important principles on implied revocation of testamentary dispositions and the finality of probate decrees.