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ALLOWANCE AND DISALLOWANCE OF WILLS

LOPEZ V. GONZAGA

The order of adjudication is the judicial recognition that in appointing a person as her only heir the
testatrix did not contravene the law, and that the heir was in no way disqualified to inherit; just as a final
order admitting a will to probate concludes all and sundry from thereafter contending that statutory
formal requirements have not been observed in executing the testament. In the case at bar, instead of
contradicting the testamentary institution of heir, the order of adjudication confirms it.

CANIZA V. CA

A will is essentially ambulatory; at any time prior to the testator's death, it may be changed or revoked;
and until admitted to probate, it has no effect whatever and no right can be claimed thereunder, the law
being quite explicit: "No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court" (ART. 838, CIVIL CODE). An owner's intention to confer title on the
future to persons possessing property by his tolerance, is not inconsistent with the former's taking back
possession in the meantime for any reason deemed sufficient. And that in this case there was sufficient
cause for the owner's resumption of possession is apparent: she needed to generate income from the
house on account of the physical infirmities afflicting her, arising from her extreme age.

SPS PASCUAL V. CA

A will is essentially ambulatory; at any time prior to the testator's death, it may be changed or revoked;
and until admitted to probate, it has no effect whatever and no right can be claimed thereunder, the law
being quite explicit: "No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court" (ART. 838, CIVIL CODE). An owner's intention to confer title on the
future to persons possessing property by his tolerance, is not inconsistent with the former's taking back
possession in the meantime for any reason deemed sufficient. And that in this case there was sufficient
cause for the owner's resumption of possession is apparent: she needed to generate income from the
house on account of the physical infirmities afflicting her, arising from her extreme age

PASTOR V. CA

In a special proceeding for the probate of a will, the issue by and large is restricted to the extrinsic
validity of a will, i.e., whether the testator, being of sound mind, freely executed the will in accordance
with the formalities prescribed by law

RE TESTATE OF SUNTAY

The lack of objection to the probate of a lost will does not relieve the proponent thereof or the party
interested in its probate from establishing its due execution and proving clearly and distinctly the
provisions thereof by at least two credible witnesses, as provided for in section 6, Rule 77 of the
Rules of Court.
NGO THE HUA V. CHUNG KIAT KUNG

It is well settled that for a person to be able to intervene in an administration proceeding concerning the
estate of a deceased, he must have an interest in such estate. An interested party has been defined as
one who would be benefited by the estate, such as an heir, or one who has a certain claim against the
estate, such as a creditor. As appellant in the case at bar does not claim to be a creditor nor is he an heir
in accordance with the law of the country of the deceased, he has no legal interest in the decedent's
estate and cannot he appointed as co- administrator thereof.

HEIRS OF LASAL V. UMENGAN

Since the will has not yet been probated, it has no effect whatsoever and it cannot be the basis of any
claim of any right of possession. The defendants have a better right of possession based on the deed of
conveyances executed by the owner in favor of the children, the defendants herein.

SEANGIO V. REYES

Article 838 of the Civil Code provides that no will shall pass either real or personal property unless it is
proved and allowed in accordance with the Rules of Court. Thus, unless the will is probated, the right of
a person to dispose of his property may be rendered nugatory. RTC should have allowed the holographic
will to be probated. It is settled that testate proceedings for the settlement of the estate of the
decedent take precedence over intestate proceedings for the same purpose

GUEVARA V. GUEVARA

Even if the decedent left no debts and nobody raises any question as to the authenticity and due
execution of the will, none of the heirs may sue for the partition of the estate in accordance with that
will without first securing its allowance or probate of the court: first, because the law expressly provides
that "no will shall pass either real or personal estate unless it is proved and allowed in the proper court";
and, second, because the probate of a will, which is a proceeding in rem, cannot be dispensed with and
substituted by any other proceeding, judicial or extrajudicial, without offending against public policy
designed to effectuate the testator's right to dispose of his property by will in accordance with law and
to protect the rights of the heirs and legatees under the will thru the means provided by law, among
which are the publication and the personal notices to each and all of said heirs and legatees. Nor may
the court approve and allow the will presented in evidence in such an action for partition, which is
one in personam, any more than it could decree the registration under the Torrens system of the land
involved in an ordinary action forreivindicacion or partition

MALOLES II V. PHILLIPS

The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of
his will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the
testator's death shall govern. The Supreme Court shall formulate such additional Rules of Court as may
be necessary for the allowance of wills on petition of the testator. Subject to the right of appeal, the
allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as
to its due execution.

After a will has been probated during the lifetime of the testator, it does not necessarily mean that he
cannot alter or revoke the same before his death. Should he make a new will, it would also be allowable
on his petition, and if he should die before he has had a chance to present such petition, the ordinary
probate proceeding after the testator's death would be in order.