The first page of the will is signed by Juan Bello and under his name appears typewritten “Por la testadora Anacleta Abellana…”, and on the second page appears the signature of three (3) instrumental witnesses Blas Sebastian, Faustino Macaso and Rafael Ignacio, at the bottom of which appears the signature of T. de los Santos and below his signature is his official designation as the notary public who notarized the said testament.
Does the signature of another person above the name of the testator comply with the requirements of law prescribing the manner in which a will shall be executed?
NO. The will must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence and by his express direction (Section 618 of the Code of Civil Procedure). Here, the name of the testatrix, Anacleta Abellana, does not appear written under the will by said Abellana herself, or by Dr. Juan Abello. There is, therefore, a failure to comply with the express requirement in the law that the testator must himself sign the will, or that his name be affixed thereto by some other person in his presence and by his express direction.