G.R. No. L-6322 / February 21, 1912
DOLORES AVELINO, as administratrix of the estate of Pascual de la Cruz, plaintiff-appellee, vs. VICTORIANA DE LA CRUZ, defendant-appellant.

FACTS

Dolores Avelino, as administratrix of the estate of Pascual de la Cruz, sought the probate of his will. Victoriana de la Cruz opposed, contending that Pascual de la Cruz was blind at the time of the will’s execution and had been blind for several years, rendering him incompetent to make a valid will. The witnesses to the will testified that the deceased was of sound mind, fully understood the will’s contents, signed it in their presence, and that they all signed in the presence of each other and the deceased.

ISSUE

Does blindness, by itself, render a person incompetent to execute a valid will?

RULING

No. The Supreme Court affirmed the lower court’s order admitting the will to probate. The Court held that the only legal requirements for testamentary capacity are that the person is of age and of sound mind and memory, pursuant to Section 614 of the Code of Procedure in Civil Actions. Blindness does not create a presumption of incapacity. While Section 620 of the same Code prohibits blind persons from acting as witnesses to a will, no such limitation is placed on the testator’s capacity. The record showed no proof of incapacity, and the witnesses’ testimony established the due execution of the will and the testator’s sound mind.