Abangan vs. Abangan Digest

Abangan v. Abangan

Facts:

1. On September 1917, the CFI of Cebu admitted to probate Ana Abangan's will executed on July 1916. It is from this decision which the opponent appealed. It is alleged that the records do not show the testatrix knew the dialect in which the will was written.

Issue: Whether or not the will was validly probated

YES. The circumstance appearing on the will itself,  that it was executed in Cebu City and in the dialect of the place where the testarix is a resident is enough to presume that she knew this dialect in the absence of any proof to the contrary. On the authority of this case and that of Gonzales v Laurel, it seems that for the presumption to apply, the following must appear: 1) that the will must be in a language or dialect generally spoken in the place of execution, and, 2) that the testator must be a native or resident of the said locality