Noble v. Abaja
450 SCRA 265
FACTS:
The case is about the probate of the will of Alipio Abada (Not respondent Abaja). Petitioner Belinda Noble is the administratrix of the estate of Abada. Respondent Alipio Abaja filed a petition for the probate of Abada’s will. Petitioner Noble moved for dismissal of the petition for probate.
Caponong-Noble points out that nowhere in the will can one discern that Abada knew the Spanish language. She alleges that such defect is fatal and must result in the disallowance of the will.
ISSUE:
Should it be expressly stated in the will that it (the will) was in a language known by the testator?
HELD:
No. There is no statutory requirement to state in the will itself that the testator knew the language or dialect used in the will.[25] This is a matter that a party may establish by proof aliunde. In this case, Alipio testified that Abada used to gather Spanish-speaking people in their place. In these gatherings, Abada and his companions would talk in the Spanish language. This sufficiently proves that Abada speaks the Spanish language.
