99 SCRA 1041-1042 (Unpublished)

Ponente: Justice Reyes, A.

Ramon Ozaeta, petitioner-appellee. Rosa Gonzales, et. al. co-petitioners and appellees.vs.Maria Cuartero, et. al. oppositors-appellees. Sebastian C. Palanca, Marciana Palanca and Angel C. Palanca, oppositors-appellants.

G.R. No. L-5597, 31 May 1966

Appeal from a decision of the Court of the First Instance of Manila allowing probate of the will purportedly executed by Carlos Palanca and appointing the petitioner-appellee Ramon Ozaeta as executor. The entire burden of the appellant's contention is that the will could have not been executed by Palanca on 19 May 1945, and in the manner described by petitioner's witnesses, and that, supposing it to have been so executed, still it should not be allowed because it was allegedly procured thru fraud and improper pressure and influence and did not comply with the requisites of the law. Appellants' case is built mainly on surmises unsupported by evidence. As to the question of whether or not the will was obtained thru undue influence and improper pressure, it is not enough that there was an opportunity to exercise undue influence or a possibility that it might have been exercised. There must be substantial evidence that it was actually exercised. (21 A.L.R. 821)

Judgment appealed from affirmed, with costs against the appellants.