Wolff Aboy v. Hernández Usera

76 P.R. 608
CourtSupreme Court of Puerto Rico
DecidedJune 2, 1954
DocketNo. 10904
StatusPublished

This text of 76 P.R. 608 (Wolff Aboy v. Hernández Usera) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolff Aboy v. Hernández Usera, 76 P.R. 608 (prsupreme 1954).

Opinion

Mr. Justice Ortiz

delivered the opinion of the Court.

Plaintiff herein appealed from a judgment entered by the San Juan Part of the Superior Court dismissing a complaint for the annulment of a document dated September 1, 1928 which was protocolized as the holographic will of [610]*610Encarnación Aboy Widow of Cintron, pursuant to an order of August 26, 1949. The complaint claimed that the will was spurious and unauthentic. In the opinion rendered, it is stated in part as follows:

“Encarnación Aboy, widow of Luis Manuel Cintron, died on August 16, 1949, leaving no ascendants or descendants.
. “Under date of August 26, 1949, at the request of José Hernández Usera 'and after proper steps were taken, this Court •entered an order ordering the protocolization of Encarnación’s holographic will. That document, which bears date of September 1, 1928, contains a legacy of $250,000 in favor of Gloria María Hernández, daughter of the spouses José Hernández Usera and María Vázquez, the latter being a niece of Encar-nación, three legacies of $10,000 each in favor of Ramón Aboy and Ángela Aboy, brother and sister of Encarnación, and of José Hernández Usera, and five legacies of $2,000 each in favor of the children of Rosa Aboy, Encarnación’s deceased sister. The remainder of the estate, according to that document, was bequeathed to María Vázquez de Hernández. José Hernández Usera and Arturo Noble are designated as executors. The document provides that any legatee who assails the will judicially or extra judicially will forfeit his legacy. Exhibit 1 of plaintiff.
“On February 9, 1950, Ramón Wolff, one of the nephews to whom a legacy of $2,000 was bequeathed in the document protoeolized as Encarnación’s holographic will, filed the complaint in the ca,se at bar against the executors and legatees designated in the document in question, challenging the pro-toeolized document on the ground that it was not written by Encarnación Aboy. As seeond cause of action, plaintiff questioned certain conveyances of real property belonging to Encar-nación Aboy made by her attorney-in-fact, José Hernández Usera, to his’ son, José Luis Hernández, and by José Luis Hernández to María Vázquez de Hernández Usera. As third cause of action, plaintiff alleged that José Hernández Usera has administered Encarnación’s estate since 1917 and that he never rendered accounts to her or to her heirs. Plaintiff urges that the protoeolized document be declared null and void and that an open will executed by Encarnación Aboy on June 5, 1911 be held to be in force, whereby, and in view of the fact that [611]*611the heirs therein designated were deceased, Encarnación’s brother Ramón and the descendants of- her deceased sisters Ángela and Rosa would become heirs. Plaintiff further urges that the conveyances challenged in the second cause of action be declared null and void, and that defendant José Hernández TJsera be required to render accounts on his administration of Encarnación’s property since 1917.
“Defendants José Hernández Usera, María Vázquez de Her-nández, José Luis Hernández, Gloria María Hernández Váz-quez, and Arturo Noble answered the complaint, alleging that the protocolized document was written out in full, dated, and signed by Encarnación. As to the second and third causes of action, defendants alleged that, in view of the validity of the protocolized will, plaintiff has no interest or right to question the conveyances or to demand the rendition of accounts referred to in those causes of action. All other defendants were summoned and their default timely entered. The entry of default was thereafter set aside as respects defendants Enrique, Angelita, and Margarita Vidal Aboy, who filed an answer in which ■they neither admit nor deny the allegations of the complaint.
“As shown from the foregoing recital, the issue arising from the pleadings is whether or not the document protocolized as Encarnación’s holographic will was written in her own handwriting.
“The case went to trial and the parties offered documentary and oral evidence on the genuineness of the contested document.
“In support of his theory that the document is spurious, plaintiff offered the testimony of two experts, Herman V. Bennett and Rafael Fernández Ruenes, and of Ramón Aboy Benitez, as well as ten specimens of Encarnación’s handwriting, consisting of five letters written by her, two of them dated in 1928, one in 1938, and two in 1939, and photographs of five ■signatures affixed by her to public instruments, four of which were affixed before she became a widow (in 1901, 1905, 1906, and 1911), and the fifth in 1940.
“Defendants presented, and the Court admitted in evidence, a great number of letters, post cards, and other documents, allegedly written by Encarnación, and photographs of 29 signatures affixed by her to public deeds which date back to 1922 through 1931 inclusive. Defendants also offered the testimony of expert Albert D. Osborn and several other witnesses.
[612]*612“On the basis of the findings of the evidence as a whole, the Court arrives at the following
CONCLUSION OP LAW:
“1. After an analysis and comparison of her handwriting and signatures with Encarnación’s handwriting and genuine signatures, we conclude that the challenged document was wholly written and signed by Encarnación Aboy widow of Cin-tron in her own handwriting.
“This conclusion is based on our own observation and in the light of the entire evidence presented, including the opinions and conclusions of the experts.
“Let us make a brief exposition of the main grounds of our conclusion.
“Let us consider first of all the theory and evidence of plaintiff, but befeore doing so it is well to state that the evidence of both parties discloses that there are two copies of the will in question, written by the same person, and substantially identical, although with certain variations, mainly orthographical. Each copy is spread out on four sheets of ruled paper with five signatures, one on the margin of each page and another at the foot of the last page. The evidence for the defense is that one of the copies-, the protocolized copy (Exh. 1 of plaintiff), was delivered by Encarnación to José Hernández Usera in September 1928, in an envelope marked (in the same handwriting as the will) :
‘Holographic Will of Encarnación Aboy widow of Cintron
San Juan, Puerto Rico
September 1, 1928’
“The other copy (Exh. 2 of plaintiff), according to the evidence for the defense, was saved by Encarnación until shortly before her death, when she delivered it to María Vázquez de Hernández in an envelope marked (in the same handwriting as the will) :
‘Copy
Holographic Will of Encarnación Aboy widow of Cintron
San Juan, Puerto Rico
September 1, 1928’
“Plaintiff states in the complaint (Paragraph XIII) that he reached the conclusion that the protocolized will was spurious [613]

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Bluebook (online)
76 P.R. 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolff-aboy-v-hernandez-usera-prsupreme-1954.