The rule, however, is not inflexible
and absolute. When practical considerations demand that the intrinsic validity
of the will be passed upon, even before it is probated, the court should meet
the issue head on. In this case, a devise given by a married man to his
concubine is declared void even if the will was not yet probated. (NEPOMUCENO
vs. COURT OF APPEALS, G.R. No. L-62952, October 9, 1985).
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