Gallanosa v. Arcangel Digest
Gallanosa v. Arcangel Facts: 1. Florentino Gallanosa executed a will in 1938 when he was 80 years old. He owned 61 parcels of and at that time. He died in 1939 childless and survived by his brother Leon. In his will, he bequethed his 1/2 share of the conjugal estate to his second wife Tecla and if she predecease him (as what occurred), the said share shall be assigned to the spouses Gallanosa (Pedro & Corazon). Pedro is Tecla's son by her 1st marriage. He also gave 3 parcels of land to Adolfo, his protege. 2. The said will was admitted to probate with Gallanosa as executor. In 1952, thjhe legal heirs filed an action for the recovery of said 61 parcels of land. The action was dismissed on the ground of res judicata. Then, 28 years after probate, another acton agaisnt Gallanosa for annulment of the will, recovery of the lands alleging fraud and deceit, was filed. As a result, the lower court set aide the 1939 decree of probate. Issue: Whether or not a will which ...