G.R. No. 43367; September 9, 1936
In re Will of Paulina Vazquez Viuda de Garcia, deceased. MARIETA GARCIA, LUISA GARCIA, and PURIFICACION GARCIA, applicants-appellees, vs. TERESA GARCIA DE BARTOLOME, oppositor-appellant.

FACTS

Paulina Vazquez Viuda de Garcia executed a notarial will on June 12, 1934, and died on June 27, 1934. Her forced heirs, Marieta, Luisa, and Purificacion Garcia, petitioned for its probate. Another forced heir, Teresa Garcia de Bartolome, opposed, alleging the will was not executed in accordance with law, the testatrix did not execute a will on that date, her signature was not authentic, and she was gravely ill and lacked sufficient memory to make a will. The Court of First Instance of Manila allowed the probate, finding the will was duly executed. The oppositor appealed.

ISSUE

Whether the last will and testament of Paulina Vazquez Viuda de Garcia was executed in accordance with law and with testamentary capacity.

RULING

Yes, the will was validly executed and admitted to probate. The Court affirmed the lower court’s judgment. The three instrumental witnesses testified consistently and in detail that the will was signed by the testatrix in their presence and they in turn signed in her presence and in the presence of each other, all on June 12, 1934. They also testified the testatrix was of sound mind. The will’s form complied with legal requirements, bearing the signatures of the testatrix and witnesses at the end and on the left margin of each page. The oppositor’s evidence, describing the testatrix’s physical weakness, did not prove mental incapacity. Senile debility, blindness, or poor memory alone is insufficient to negate testamentary capacity when there is evidence of mental sanity at the time of execution.

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