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Samaniego - Celada vs Abena G.R. No. 145545 | June 30, 2008

CASE DIGEST Samaniego - Celada vs Abena  G.R. No. 145545 | June 30, 2008  Topic: Presumption of sound mind, failure to establish evidence to contrary; Error in the number of pages of the will as stated in the attestation clause is not material to invalidate the subject will; compulsory heirs under Art. 887, NCC  Facts:  Petitioner Paz Samaniego-Celada was the first cousin of decedent Margarita S. Mayores (Margarita) while respondent was the decedent’s lifelong companion since 1929. Sometime in 1987, Margarita died single and without any neither ascending nor descending heirs as her parents, grandparents and siblings predeceased her and were survived by her first cousins who included petitioner.  Before her death, Margarita executed a Last Will and Testament where she bequeathed one-half of her undivided shares of a real property to respondent, Norma Pahingalo, and Florentino Abena in equal shares or one-third portion each; bequeathed also one-...