3. CASTAÑEDA v. ALEMANY

GR No.1439, 3 PHIL 426

March 19, 1904

(Topic: Succession- Personal Characteristic of succession)

FACTS:

Appellant constested the validity of the will of Doña Juana Moreno upon the ground that although the attestation clause in the will states that the testator signed the will in the presence of three witnesses who also each signed in each presence, the will was not actually written by the testator, but rather was typewritten in the office of the lawyer for the testratrix

ISSUE:

Is it necessary that a will be written by the testator herself?

HELD:

No. Section 618 of the Civil Code requires (1) that the will be in writing and (2) either that the testator sign it himself or, if he does not sign it, that it be signed by some one in his presence and by his express direction. Who does the mechanical work of writing the will is a matter of indifference. The fact, therefore, that in this case the will was typewritten in the office of the lawyer for the testratrix is of no consequence.