Case Digest (G.R. No. L-3907)
Facts:
On August 6, 1906, Roman Abaya filed a petition with the Court of First Instance of La Laguna seeking the allowance of a will executed by Juan Zalamero, a resident of Pagsanhan, on October 29, 1905. The will was written in the Tagalog dialect. Donata Zalamero, the respondent, opposed the petition, claiming that the will was executed under unlawful pressure and influence from those who stood to benefit from it. She also contended that the will did not comply with the requirements set forth in Section 618 of the Code of Civil Procedure. A hearing was scheduled, during which witnesses from both parties were examined. On January 10, 1907, the court denied the admission of Juan Zalamero's will as requested by Roman Abaya. Following this decision, Abaya appealed and filed a motion for a new trial, which remained unresolved. Consequently, Abaya continued to pursue his appeal, submitting a certified copy of the proceedings related to his assignment of errors. The case presented t...
Case Digest (G.R. No. L-3907)
Facts:
- Execution of the Will: On October 29, 1905, Juan Zalamero executed a will written in the Tagalog dialect. Roman Abaya, the petitioner, sought the allowance of this will in the Court of First Instance of La Laguna on August 6, 1906.
- Opposition to the Will: Donata Zalamero opposed the petition, alleging that the will was executed under pressure and undue influence from the beneficiaries. She also claimed that the will was not executed and signed in accordance with Section 618 of the Code of Civil Procedure.
- Court Proceedings: The court examined witnesses from both parties and, on January 10, 1907, refused to admit the will. Roman Abaya appealed the decision and moved for a new trial, which was not acted upon by the court. The case was brought before the Supreme Court.
Issue:
- Undue Influence: Whether the will was executed under unlawful pressure and influence by the beneficiaries.
- Compliance with Legal Requirements: Whether the will was executed and signed in accordance with Section 618 of the Code of Civil Procedure.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)