G.R. No. L-6650, December 5, 1913
SANTIAGO GALVEZ, petitioner-appellant, vs. CANUTA GALVEZ, opponent-appellee.

FACTS:
Santiago Galvez petitioned the Court of First Instance of Bulacan for the probate of the will (Exhibit B) of Victor Galvez, executed on August 12, 1910. The will was written in Tagalog and signed in the testator’s presence by witnesses Juan Dimanlig, Nazaria Galvez, and J. Leoquinco. Since Victor Galvez was too ill to sign, Lorenzo Galvez signed the testator’s name at his direction. Victor Galvez died of cholera on the same day. Canuta Galvez, the testator’s only legitimate daughter, opposed the probate, alleging that her father lacked testamentary capacity due to his severe illness. The trial court denied the probate, appointed Canuta as administratrix of the estate, and required her to post a bond. Santiago Galvez appealed.

ISSUE:
Whether Victor Galvez possessed the requisite testamentary capacity at the time he executed his will, such that the will should be admitted to probate.

RULING:
The Supreme Court REVERSED the trial court’s denial of probate and ADMITTED the will to probate. The Court held that Victor Galvez was of sound mind at the time of execution. The subscribing witnesses testified that the testator, though ill, was mentally alert, understood the document read to him, and directed its signing. The physician’s general testimony on cholera’s effects was insufficient to prove incapacity, as he did not personally examine the testator during the critical period. The will complied with the formalities under Section 618 of the Code of Civil Procedure: the testator’s name was written at the foot, Lorenzo Galvez signed at his direction, and the attesting witnesses signed in his presence. The Court affirmed the appointment of Canuta Galvez as administratrix.