74. MOLO VS MOLO
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Transcript of 74. MOLO VS MOLO
Molo vs. MoloG.R. No. L-2538 September 21, 1951Bautista Angelo, J. (Ponente)Doctrine of Dependent Relative RevocationFacts:1. Marcos Molo executed 2 wills, one in August 1918and another in June 1939. The latter willcontained a revocation clause which expresslyrevoked the will in 11!. "e died without any forced heirs #ut he was survived #y his wife, herein petitioner $uana. The oppositors to the pro#atewere his nephews and nieces.2. %nly a car#on copy of the second willwas found. The widow filed a petition for the pro#ate of the 1& will. 't was ad(itted to pro#ate #utsu#se)uently set aside on *round that the petitioner failed to prove its due execution. &. +s a result, the petitioner filed another petition for the pro#ate of the 11! will this ti(e. +*ain the oppositors alle*ed that said will had already#een revoked under the 1& will. They contended that despite the disallowance of the 1& will, the revocation clause is valid and thus effectivelynullified the 11! will.ssue! "#et#er or not t#e 1918 $%ll &'n st%ll be v'l%( (esp%te t#e revo&'t%on %n t#e subse)uent (%s'llo$e( 1939 $%llR*LNG! +es.The court applied the doctrine laid down in Samson v. Naval that a su#se)uent will,containin* a clause revokin* a previous will, havin*#een disallowed for the reason that it was not executed in accordance with law cannot produce the effect of annullin* the previous will, inas(uch asthe said revocatory clause is void.There was no valid revocation in this case. ,o evidence was shown that the testator deli#erately destroyed the ori*inal 11! will #ecause of hisknowled*e of the revocatory clause contained in the will executed in 1&. ,#e e'rl%er $%ll &'n st%ll be prob'te( un(er t#e pr%n&%ple o- (epen(entrel't%ve revo&'t%on.,#e (o&tr%ne 'ppl%es $#en ' test'tor &'n&els or (estro.s ' $%ll or e/e&utes 'n %nstrument %nten(e( to revo0e ' $%ll $%t#t#e %ntent%on to m'0e ' ne$ test'ment'r. (%spos%t%on 's subst%tute -or t#e ol(, 'n( t#e ne$ (%spos%t%on -'%ls o- e--e&t -or some re'son.- .ee (ore at: http://lawsandfound.#lo*spot.co(/201&/02/(olo-v-(olo-di*est.ht(l1sthash.!2&wa3hw.dpuf