Dela Cerna v. Potot
12 SCRA 576
FACTS:
Spouses Bernabe de la Serna and Gervasia Rebaca, executed a joint last will ad testament where they willed that their 2 parcels of land be given to Manuela Rebaca, their niece and that while each of them are living, he/she will continue to enjoy the fruits of the lands mentioned.
Bernabe died. Gervasia submitted the will for probated. By order of Oct. 31, 1939, the Court admitted for probate the said will but only for the part of Bernabe.
When Gervasia died, another petition for probate was instituted by Manuela, but because she and her attorney failed to appear in court, the petition was dismissed. When the same was heard, the CFI declared the will void for being executed contrary to the prohibition on joint wills. On appeal, the order was reversed.
ISSUE:
W/N the will may be probated.
HELD:
Admittedly the probate of the will in 1939 was erroneous, however, because it was probated by a court of competent jurisdiction it has conclusive effect and a final judgment rendered on a petition for the probate of a will is binding upon the whole world. However, this is only with respect to the estate of the husband but cannot affect the estate of the wife; considering that a joint will is a separate will of each testator.
The joint will being prohibited by law, its validity, in so far as the estate of the wife is concerned, must be reexamine and adjudicated de novo.
The undivided interest of the wife should pass upon her death to her intestate heirs and not to the testamentary heir. Thus as to the disposition of the wife, the will cannot be given effect.
A decree of probate decree is conclusive on the due execution and the formal validity of the will subject to such probate.
