11/7/2022 0 Comments Tolentino vs. catoy case digest![]() Among the changes thus made was the suppression of the names of Monzon, Sunico, and Repide as attesting witnesses, these names being substituted by the names of Jose Syyap, Agustin Vergel de Dios, and Vicente Legarda. On the morning of October 21 he again appeared in Repide's office and returned to him the draft of the will with certain corrections. When the instrument had been reduced to proper form it was placed in the hands of Tolentino, the testator, in order that he might take it home to reflect over its provisions and consider whether it conformed in all respects to his wishes. chanroblesvirtualawlibrary chanrobles virtual law library For this reason, in the draft of the will, as it at first stood, the names of the three above mentioned were inserted as the names of the three attesting witnesses. For the other two witnesses Tolentino requested that two attorneys attached to the office, namely, Leoncio B. As the instrument was taking shape Tolentino stated that he wanted the will to be signed in Repide's office, with Repide himself as one of the attesting witnesses. Accordingly, on the second day thereafter, Tolentino again appeared in Repide's office with the prior will and the attorney proceeded to reduce the new will to proper form. After the necessary preliminary inquiries had been made, the attorney suggested to Tolentino to return later, bringing a copy of the will previously made. ![]() To this end, on October 17, 1930, Tolentino went to the office of Eduardo Gutierrez Repide, an attorney at 97 General Luna, Manila, and informed him that he wanted to make a new will and desired Repide to draft it for him. However, in October, 1930, strained relations, resulting from grave disagreements, developed between Tolentino and the Francisco relations and he determined to make a new will in which, apart from certain legacies in favor of a few individuals, the bulk of his estate, worth probably about P150,000, should be given to Adelaida Tolentino de Concepcion, as his universal heir. At one time Tolentino contemplated leaving his property mainly to these kin of his wife, of the surname Francisco and for several years prior to his death, he had kept a will indicating this desire. The pair had no children, and the generous instincts of the survivor prompted him to gather around him in his comfortable and commodious home a number of his wife's kin and by him various younger members of the connection were supported and educated. ![]() By their industry and frugality the two had accumulated a very considerable estate which does not appear to have suffered any material diminution in the years of Tolentino's widowhood. During the more vigorous years of his life he had been married to Benita Francisco, but she predeceased him years ago. chanroblesvirtualawlibrary chanrobles virtual law libraryĪt the time of his death on November 9, 1930, Gregorio Tolentino was sixty-six years of age. From this order the three opponents appealed. #Tolentino vs. catoy case digest trial#Upon hearing the cause the trial court overruled the opposition, declared the will to have been properly executed, and allowed the probate thereof. Opposition was made to the probate of the will by Ciriaco Francisco, Natalia Francisco, and Gervasia Francisco, all cousins of the deceased and residents of the City of Manila. ![]() In the inception of the proceedings Eugene de Mitkiewicz was appointed special coadministrator, and he joined as coplaintiff in the petition. 2541 Lico Street, in the District of Santa Cruz, Manila, on November 9, 1930. This petition was filed in the Court of First Instance of Manila by Adelaida Tolentino de Concepcion, for the purpose of procuring probate of the will of Gregorio Tolentino, deceased, who died at the hand of an assassin, in his home, No. Laurel, Del Rosario & Lualhati for appellants. NATALIA FRANCISCO, ET AL., oppositors-appellants. ADELAIDA TOLENTINO, petitioner-appellee, vs. In re Estate of the deceased Gregorio Tolentino. Home > ChanRobles Virtual Law Library > Philippine Supreme Court Jurisprudence > ![]()
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