G.R. No. 17627; June 8, 1922
In re will of Marcelo Jocson, deceased, RAFAEL JOCSON, ET AL., petitioners-appellees, vs. ROSAURO JOCSON, ET AL., opponents-appellants.

FACTS

On June 10, 1920, Rafael Jocson and others petitioned for the probate of a document (Exhibit A) as the last will and testament of the deceased Marcelo Jocson. The will’s probate was opposed by Rosauro Jocson and others on the grounds that: (a) the signatures were not authentic; (b) the testator was not of sound mind and was seriously ill at the time of execution; and (c) the will was not executed in accordance with the law. The trial court found the will valid and admitted it to probate. The opponents appealed, arguing the testator lacked mental capacity, the witnesses did not sign in the testator’s presence or in each other’s presence, and the attestation clause was defective.

ISSUE

Whether the document Exhibit A is the valid last will and testament of Marcelo Jocson, executed in accordance with legal requirements.

RULING

Yes, the will is valid. The Supreme Court affirmed the trial court’s decision. The findings of fact by the trial court, based on the evidence, are conclusive. The discrepancies in the witnesses’ testimonies were minor and did not affect their veracity regarding the will’s execution. The testator was of sound mind at the time, as testamentary capacity does not require perfect mental faculties but the ability to comprehend the nature of the act, recollect his property, and remember the natural objects of his bounty. The evidence supported the finding that the witnesses signed in the presence of the testator and of each other. The attestation clause, when translated, substantially complied with the law by stating the will was executed and signed by the testator in the witnesses’ presence and that the witnesses signed in the presence of each other. The judgment admitting the will to probate is affirmed.