Title
Abaya vs. Zalamero
Case
G.R. No. L-3907
Decision Date
Mar 12, 1908
Juan Zalamero's 1905 will, contested for undue influence and procedural noncompliance, was upheld by the Supreme Court as valid and legally executed.
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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:

  1. Undue Influence: Whether the will was executed under unlawful pressure and influence by the beneficiaries.
  2. 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)


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