7/25/2019 Mamuyac vs. Mamuyac [G.R. No. L-26317]
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Republic of the PhilippinesSUPREME COURT
Manila
EN BANC
G.R. No. L-26317 January 29, 1927
Estat o! M"#u$ Ma%uya&, '&as'.(R)NC*SCO
G)GO,petitioner-appellant,vs.CORNEL*O M)MU+)C, )MROS*O
L)R*OS),(EL*C*)N) )UON, an' C)T)L*N)
M)MU+)C,opponents-appellees.
Nicanor Tavora for appellant.Jose Rivera for appellees.
JONSON, J.:
The purpose of this action was to obtain the probation of a last
will andtestaent of Mi!uel Mau"ac, who died on the #d da" of
$anuar", %#, inthe unicipalit" of A!oo of the Province of 'a (nion.
)t appears fro therecord that on or about the #*th da" of $ul",
%&%+, the said Mi!uel
Mau"ac eecuted a last will and testaent Ehibit A. )n the onth
of$anuar", %#, the said /rancisco 0a!o presented a petition in the
Court of/irst )nstance of the Province of 'a (nion for the
probation of that will. Theprobation of the sae was opposed b"
Cornelio Mau"ac, Abrosio'ariosa, /eliciana Bau1on, and Catalina
Mau"ac civil cause No. %%22,Province of 'a (nion. After hearin! all
of the parties the petition for theprobation of said will was
denied b" the 3onorable C. M. 4illareal on the #dda" of Noveber, %,
upon the !round that the deceased had on the%6th da" of April,
%&%&, eecuted a new will and testaent.
7n the #%st da" of /ebruar", %, the present action was coenced.
)tspurpose was to secure the probation of the said will of the %6th
da" of April,%&%& Ehibit %. To said petition Cornelio
Mau"ac, Abrosio 'ariosa,/eliciana Bau1on, and Catalina Mau"ac
presented their oppositions,alle!in! a that the said will is a cop"
of the second will and testaenteecuted b" the said Mi!uel Mau"ac9 b
that the sae had beencancelled and revo:ed durin! the lifetie of
Mi!uel Mau"ac and c that
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7/25/2019 Mamuyac vs. Mamuyac [G.R. No. L-26317]
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the said will was not the last will and testaent of the deceased
Mi!uelMau"ac.
(pon the issue thus presented, the 3onorable Anastacio R.
Teodoro,;ud!e, after hearin! the respective parties, denied the
probation of said willof April %6, %&%&, upon the !round
that the sae had been cancelled andrevo:ed in the "ear %
