Facts:

In the case of Atanasio Abquilan vs. Feliciana Abquilan, dated October 13, 1926, the petitioner and appellant, Atanasio Abquilan, contested an order from the Court of First Instance of Occidental Negros which denied the probate of a document presented as the last will and testament of his deceased sister, Isidra Abquilan. Both Atanasio and his sister Feliciana were the only heirs of Isidra, who had no forced heirs. The trial court, after examining the evidence, concluded that the document in question was apocryphal, finding the signatures purportedly made by Isidra to be forgeries and asserting that the will had not been executed by her. During the hearing, it emerged that Isidra, on the date the will supposedly came into existence—November 6, 1924—was not in any condition to participate in the act of making a will, as she was incapacitated due to a paralysis resulting from a cerebral hemorrhage. This evidence led to the trial court's findings that no valid will was made on

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Facts:

Parties Involved

• The case concerns an appeal in probate proceedings involving the estate of the deceased Isidra Abquilan.
• Atanasio Abquilan is the petitioner and appellant, asserting his position as the sole heir under the supposed will.
• Feliciana Abquilan, the sister of the deceased, is the respondent and appellee, contesting the validity of the will.

The Contested Instrument

• The instrument in question, known as Exhibit A, purports to be the last will and testament of Isidra Abquilan.
• The document was presented for legalization by Atanasio, aiming to determine its validity for probate.
• The trial court examined the authenticity of the will and its purported execution.

Findings of the Trial Court

• The trial court found that the document was apocryphal, denying its legalization.
• It determined that the signatures attributed to the deceased were forgeries.
• The court ruled that the instrument was not executed by the testatrix, Isidra Abquilan.

Evidence Pertaining to Execution

• The will claims to have been executed on November 6, 1924.
• At the time, the deceased was suffering from paralysis due to a cerebral hemorrhage, which incapacitated her from making an intelligent will.
• A careful comparison of the purported signatures with a number of her authentic signatures revealed significant discrepancies.
• Testimonies from Juan Serato and Alejandro Genito provided evidence that no such will was made on the claimed date.
• It was further indicated that an attempt was made on the night of November 6 to fabricate a will, which later led to another attempt on November 7 under conditions unfavorable for the testatrix’s rational participation.

Procedural Outcome

• As a result of these findings, the trial court denied probate of the contested instrument.
• The appellant, Atanasio Abquilan, subsequently appealed the decision of the trial court.

Issue:

Authenticity of the Document

• Whether the instrument propounded as the last will and testament of Isidra Abquilan is genuine or a forgery.
• Whether the purported signatures on the will match the deceased’s authentic signatures.

Testamentary Capacity

• Whether Isidra Abquilan possessed the required mental capacity to execute a will on November 6, 1924.
• Whether the evidence of her physical and mental condition at that time invalidates the purported act of making a will.

Integrity of the Execution Process

• Whether the document was executed in a manner consistent with legal requirements for a valid will.
• Whether the evidence of fabrication and the refusal of a party (Alejandro Genito) to be involved supports the conclusion that the will was not duly executed.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)