HEIRS OF THE LATE MATILDE MONTINOLA-SANSON VS. COURT OF APPEALS

G.R. No. 76648, February 26, 1988

THE HEIRS OF THE LATE MATILDE MONTINOLA-SANSON VS. COURT OF APPEALS AND EDUARDO F. HERNANDEZ

FACTS: The testatrix, who died single, parentless and childless at the age of 70 years, devised in this will several of her real properties to specified persons. Matilde Montinola Sanson (petitioner), the only surviving sister of the deceased but who was not named in the said will, filed her Opposition to Probate of Will, alleging inter alia: that the subject will was not entirely written, dated and signed by the testatrix herself and the same was falsely dated or antedated; that the testatrix was not in full possession of her mental faculties to make testamentary dispositions; that undue influence was exerted upon the person and mind of the testatrix by the beneficiaries named in the will; and that the will failed to institute a residual heir to the remainder of the estate.

ISSUE: Whether the holographic will was executed in accordance with the law.

RULING: YES. During the hearing before the probate court, not only were three (3) close relatives of the testatrix presented but also two (2) expert witnesses who declared that the contested will and signature are in the handwriting of the testatrix. These testimonies more than satisfy the requirements of Art. 811 of the Civil Code in conjunction with Section 11 of Rule 76, Revised Rules of Court for the probate of holographic wills.

As regards the alleged antedating of the will, petitioner failed to present competent proof that the will was actually executed sometime in June 1980 when the testatrix was already seriously ill and dying of terminal lung cancer.


The factual findings of the probate court and the Court of Appeals that the will in question was executed according to the formalities required by law are conclusive on the Supreme Court when supported by evidence. We have examined the records of this case and find no error in the conclusion arrived at by the respondent court that the contested will was duly executed in accordance with law.

Comments