The judge dismissed the probate of the will. Bona appealed and was declared as a pauper by the court.The will in question was executed on 1911. Amendment on Sec. 618 was promulgated on 1916 . The oft-repeated section 618 of Act No. 190 says: "No will, except as provided in the preceding section, shall be valid to pass any estate, real or personal, nor charge or affect the same, unless it be in writing and signed by the testator, or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of each other. The attestation shall state the fact that the testator signed the will, or caused it to be signed by some other person, at his express direction, in the presence of three witnesses, and that they attested and subscribed it in his presence and in the presence of each other. But the absence of such form of attestation shall not render the will invalid if it is proven that the will was in fact signed and attested as in this section provided." Issue: WON solemnities of Sec 618 of Act 190 should be observed. Ruling: The last paragraph of section 618 of Act No. 190 supplies a legal basis to support the validity of the will in question with the conditions for its probate because, notwithstanding the existence of such defect merely in the form and not in the substance, the certification of authenticity and the very text of the will show in a clear and indubitable manner that the will contains the last will of the testator, and that it was signed by the latter and attested, as being true and legitimate not only by the two witnesses Bustilla and Barrameda but also by the one who wrote it, Domingo de la Fuente, who was also a truthful and reliable witness, even though he be called a notary public. The requisites established by Act No. 2645 which amended the oft-repeated section 618 cannot be required in the probate of the will here, inasmuch as this document was executed in September, 1911, five years before said amendatory law began to take effect (July 1, 1916), while the testator died on August 14, 1913, two years and some months before the enforcement of the said law; and so, the only law applicable to the present case is the provision contained in section 618 of Act No. 190, and in accordance with the provisions of this section, the said will should be probated; for it has been presented to the court many months before the amendatory act went into effect. The principle that a new law shall not have any retroactive effect only governs the rights arising from acts done under the rule of the former law; but if the right be declared for the first time by the subsequent law it shall take effect from that time even though it has arisen from acts subject to the former laws, provided that it does not prejudice another acquired right of the same origin.
You've reached the end of your free preview.
Want to read all 34 pages?
- Summer '19
- Law, Supreme Court of the United States