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anyone of them who should survive is out of sync. For the Deed of Donation clearly stated that it would take effect upon the death of the donor, hence, said phrase could only have referred to the donor. The donation being then mortis causa, the formalities of a will should have been observed but they were not, as it was witnessed by only two, not three or more witnesses following Article 805 of the Civil Code. It is void and transmitted no right to petitioners mother. But even assuming arguendo that the formalities were observed, since it was not probated, no right to the two lots was transmitted to Maria. Matilde thus validly disposed the lot to Zenaido by her last will and testament, subject to the qualification that her will must be probated. With respect to the conveyed lot, the same had been validly sold by Matilde to Zenaido.