G.R. No.: C.A. No. 4
Date: March 21, 1946

Case Parties/Title:
In the matter of the testate estate of the late Encarnacion Neyra. TRINIDAD NEYRA, petitioner-appellee, vs. TEODORA NEYRA, PILAR DE GUZMAN and MARIA JACOBO VDA. DE BLANCO, oppositors-appellants.
TEODORA NEYRA, PILAR DE GUZMAN and MARIA JACOBO VDA. BLANCO, petitioners-appellants, vs. TRINIDAD NEYRA and EUSTAQUIO MENDOZA, oppositors-appellees.

FACTS

Trinidad Neyra filed a petition for the probate of a will executed by her sister, Encarnacion Neyra, on November 3, 1942, in which she was the principal beneficiary. Teodora Neyra, Pilar de Guzman, and Maria Jacobo Vda. de Blanco, who were beneficiaries under an earlier will dated September 14, 1939, opposed the probate. They alleged that Encarnacion lacked testamentary capacity on November 3, 1942; that her thumbmarks on the 1942 will were procured by fraud; that the will was not executed in the form prescribed by law; and that the 1939 will had never been revoked. The oppositors also filed a counter-petition for the probate of the 1939 will, which Trinidad and another legatee, Eustaquio Mendoza, opposed.
The evidence established that after their father Severo Neyra’s death in 1938, Encarnacion and Trinidad had serious quarrels and were engaged in two litigations over his properties. On September 14, 1939, Encarnacion executed a will (Exhibit 16) bequeathing her properties to the “Congregacion de Religiosas de la Virgen Maria” and the oppositors, excluding Trinidad. The Congregation declined the bequest. Encarnacion then instructed attorney Ricardo Sikat to prepare a new will, but he only prepared a draft codicil (Exhibit M). Later, seriously ill with Addison’s disease, Encarnacion confessed and took communion on November 1, 1942. Following advice from her priest, she reconciled with Trinidad that same day. The sisters agreed to dismiss their pending appeal and settle their property disputes. Encarnacion then instructed attorney Alejandro M. Panis, who prepared a compromise agreement (Exhibit D) and a new will (Exhibit C) on November 3, 1942, naming Trinidad and Eustaquio Mendoza as principal beneficiaries. Encarnacion died on November 5, 1942.
The trial court admitted the 1942 will to probate and denied probate to the 1939 will. The oppositors appealed.

ISSUE

Whether the trial court erred in: (1) finding that Encarnacion Neyra intended to make a new will; (2) declaring that a reconciliation occurred between Encarnacion and Trinidad; (3) accepting the petitioner’s evidence as satisfactory; (4) ignoring the evidence submitted by the oppositors; and (5) not admitting to probate the will dated September 14, 1939.

RULING

The Court affirmed the trial court’s decree. The evidence satisfactorily established that Encarnacion Neyra possessed testamentary capacity on November 3, 1942, as attested by credible witnesses including her religious advisers and attending physicians. The will was executed with all the formalities required by law. The reconciliation between the sisters on November 1, 1942, was genuine and provided a natural and logical reason for Encarnacion to revoke her prior will and execute a new one in favor of her reconciled sister. The trial court’s findings of fact, based on the credibility of witnesses who testified before it, are entitled to great weight and will not be disturbed on appeal absent a showing that it overlooked material facts. The 1939 will was effectively revoked by the subsequent 1942 will. The judgment was affirmed, with costs against the appellants.