SUCCESSION DIGEST #24 ART 799

SOUNDNESS OF MIND PRELIM

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, defendantappellant.
BLINDESS Sound
Pascual dela Cruz - deceased
FACTS:
The opponent contends that:
1. at the time of the making of
the will Pascual de la Cruz:
a. was blind for a number
of years, and
b. was incompetent to
make the will in question

All of the witnesses who signed the will

were called as witnesses
Each declared that the deceased was:
1. of sound mind at the time said
will was made and
2. fully understood its contents
and
3. signed the same in their
presence and that
4. they each signed the will in the
presence of each other, as well as
in the presence of the deceased
The appellant attempted to show
that the deceased was incompetent to
make his will because he was blind at
the time the same was executed and
had been for several years
ISSUE:
W/N THE TESTATOR WAS OF SOUND
MIND AT THE TIME HE EXECUTED
THE WILL ALTHOUGH HE WAS BLIND
YES. Sound.

RULING:
There is absolutely no proof to show
that the deceased was incapacitated at
the time he executed his will.
No presumption of incapacity can arise
from the mere fact that he was blind.
The only requirement of the law as to
the capacity to make a will is that the
person shall be:
1. of age and
2. of sound mind and memory
(Sec. 614, Code of Procedure in
Civil Actions.)
Section 620 of the same code
prohibits blind persons from acting as
witnesses in the execution of wills, but
no limitation is placed upon the
testamentary capacity, except age and
soundness of mind.