Sumilang vs ramagosa

Facts:

On july 5 1960 mariano sumilang filed a petition for the probate of a document alleged to be the last will
and testament of hilarion ravago sa which is written in tagalog. The said document institute mariano as
the sole heirs of the testator.

However the said petition was opposed by to set of oppositor here in the appellants who questioned the
due execution of the document dreaming that it was made under juris and was not really intended by
the disease to be his last will and testament. Saturnino and santiago romagosa also claim that day
instead of mariano were entitled to inherit the state of the disease.

After mariano presented evidence and rested his case oppositors move for the dismissal of the petition
on the ground that dissident revoked his real by implication of low six years before his death by selling
the person of land to mariano sumilang and his brother mario so that at the time of the testator deaths
the titles to said land were no longer in his name.

On the other hand mariano moved to strike out oppositors pleading on the ground the depositors have
no interest in the probate of the will after have no relationship with the dissident within the fifth degree
the lower court ruled in favor of mariano stating that the allegation of the oppositors go to the very
intrinsic value of the wheel and scenes the oppositors have no standing to oppose the probate of the
will as they are strangers the pleadings are ordered stricken out from the record.

Issues::

Whether or not the petition for probate should be denied.

Held

No a petition for probate should not be denied.

Repetition being for the probate of a will the courts area of inquiry is limited to the extrinsic validity
only. Titi stator testamentary capacity and the compliance with a formal requisite or solemnities
prescribe below are the only question presented for the resolution of the court. Any inquiry into the
intrinsic validity or efficacy of the provisions of the will or the legality of any device or legacy is
premature.

To establish conclusively as against everyone and once for all before that a will was executed with the
formalities required by law and that the testator was in condition to make a will is the only purpose of
the proceedings for the probate of a will.the judgment in such proceedings determines and can
determine nothing more.
True or not the allele is no ground for the dismissal of the petitions for probate. Probate is one thing
develop e of the testamentary provision is another the first decides execution of the document and the
testament area capacity of the testator ii relate to descent and distribution.

verification invoked by the opposite or is not an express one but merely implied from subsequent at of
the testatrix allergy evidencing an abandonment of the original intention to bequeath or device the
properties concern. as such the revocation will not affect the wheel itself but merely the particular
device or legacy