GR 42258; (September, 1936) (Digest)
G.R. No. 42258 ; September 5, 1936
In re Will of the deceased Leoncia Tolentino. VICTORIO PAYAD, petitioner-appellant, vs. AQUILINA TOLENTINO, oppositor-appellant.
FACTS
The case involves the probate of the will of Leoncia Tolentino, who died at age 92. The petitioner, Victorio Payad, sought to probate a will allegedly executed by Tolentino on September 7, 1933, bequeathing her property to him. The oppositor, Aquilina Tolentino, contested the will, claiming the testatrix did not personally place her thumbmark, did not request the writing of her name, the will was not signed on the date indicated, the testatrix never made the will, and she was not in a physical or mental condition to execute it on that date. The trial court admitted the will to probate. The oppositor filed motions for reconsideration and a new trial based on alleged newly discovered evidence, including a letter from the deceased.
ISSUE
Whether the motions for reconsideration and new trial should be granted based on the grounds raised by the oppositor.
RULING
The Supreme Court denied both motions. The Court found the oppositor’s grounds for reconsideration unfounded. The evidence established that the testatrix, despite her age and illness, was mentally competent on September 7, 1933. The will was prepared by Attorney Marciano Almario at her request, read to and approved by her, and she placed her thumbmark on it with assistance due to physical weakness, in the presence of three instrumental witnesses. The testimony of the oppositor’s witnesses was insufficient to discredit the positive testimony of the petitioner’s witnesses, including the attending physician and a disinterested acquaintance who attested to her mental capacity. Regarding the motion for a new trial, the alleged newly discovered evidence (the letter) was not newly discovered as the oppositor’s attorney was aware of it during trial but chose not to present it. Furthermore, the right to a new trial on such grounds is limited to ordinary cases on bills of exceptions. The record was ordered remanded to the lower court.
AI Generated by Armztrong.