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.
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