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    7 - Torres vs. Lopez

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    flormtej
    This case involves the will of Tomas Rodriguez, who left his estate to petitioner Manuel Torres. Respondent Margarita Lopez contested the will, arguing Tomas lacked mental capacity due to senile dementia. Physicians who examined Tomas before his death had differing opinions on his mental state. The issue was whether Tomas was incapacitated when making his will. The court held that while Tomas was old and weak, he understood the will, remembered his property and beneficiaries, so he possessed sufficient testamentary capacity despite his ailments.

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    7 - Torres vs. Lopez

    Uploaded by

    flormtej
    51 views1 page
    This case involves the will of Tomas Rodriguez, who left his estate to petitioner Manuel Torres. Respondent Margarita Lopez contested the will, arguing Tomas lacked mental capacity due to senile dementia. Physicians who examined Tomas before his death had differing opinions on his mental state. The issue was whether Tomas was incapacitated when making his will. The court held that while Tomas was old and weak, he understood the will, remembered his property and beneficiaries, so he possessed sufficient testamentary capacity despite his ailments.

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    Succession

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    7_Torres vs. Lopez

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    This case involves the will of Tomas Rodriguez, who left his estate to petitioner Manuel Torres. Respondent Margarita Lopez contested the will, arguing Tomas lacked mental capacity due to senile dementia. Physicians who examined Tomas before his death had differing opinions on his mental state. The issue was whether Tomas was incapacitated when making his will. The court held that while Tomas was old and weak, he understood the will, remembered his property and beneficiaries, so he possessed sufficient testamentary capacity despite his ailments.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    51 views1 page

    7 - Torres vs. Lopez

    Uploaded by

    flormtej
    This case involves the will of Tomas Rodriguez, who left his estate to petitioner Manuel Torres. Respondent Margarita Lopez contested the will, arguing Tomas lacked mental capacity due to senile dementia. Physicians who examined Tomas before his death had differing opinions on his mental state. The issue was whether Tomas was incapacitated when making his will. The court held that while Tomas was old and weak, he understood the will, remembered his property and beneficiaries, so he possessed sufficient testamentary capacity despite his ailments.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    5.) TORRES VS.

    LOPEZ

    Facts:
    This case involves the will, executed on January 3, 1924, by Tomas Rodriguez, who died on Feb.
    25, 1924, leaving a considerable estate. Petitioner Manuel Torres, one of the executors named in the will
    asked for the probate of the will. However, it was opposed by the resp., Margarita Lopez on the ground
    that the testator lacked mental capacity because at the time of the execution of the will, he suffered
    senile dementia.

    The attending physicians, Drs. Calderon, Domingo, and Herrera, who conduct different tests to the
    deceased Tomas, certified that he is suffering from anemia, hernia inguinal, chronic dyspepsia and
    senility, however, as to his mental state, his intellectual faculties are sound, except that his memory is
    weak in that his memory is all right with regard to matters or facts of the past but failed as to things of
    the present, due to his physical condition and old age.

    Tomas Rodriguez was likewise examined by Drs. De los Angeles, Tietze, and Burke certified that
    he was of unsound mind suffering from senile dementia or mental impairment; that he not able to
    understand and comprehend the extent and condition of his properties

    Issue:
    WON the late Tomas was incapacitate to make a will

    Held:
    Yes.

    The Code of Civil Procedure prescribes as a requisite to the allowance of a will that the testator be
    of "sound mind". A "sound mind" is a "disposing mind." One of the grounds for disallowing a will is "If the
    testator was insane or otherwise mentally incapable of the execution." "'Testamentary capacity is the
    capacity to comprehend the nature of the transaction in which the testator is engaged at the time, to
    recollect the property to be disposed of and the persons who would naturally be supposed to have
    claims upon the testator, and to comprehend the manner in which the instrument will distribute his
    property among the objects of his bounty.'"

    Of the specific tests of capacity, neither old age, physical infirmities, feebleness of mind, weakness
    of the memory, the appointment of a guardian, nor eccentricities are sufficient singly or jointly to show
    testamentary incapacity. Each case rests on its own facts and must be decided by its own facts.

    To constitute complete senile dementia, there must be such failure of the mind as to deprive the
    testator of intelligent action.

    On January 3, 1924, Tomas Rodriguez, in our opinion comprehended the nature of the transaction
    in which he was engaged. He had two conferences with his lawyer, Judge Mina, and knew what the will
    was to contain. The will was read to him by Mr. Legarda. He signed the will and its two copies in the
    proper places at the bottom and on the left margin. At that time the testator recollected the property to
    be disposed of and the persons who would naturally be supposed to have claims upon him While for
    some months prior to the making of the will he had not manage his property he seem to have retained a
    distinct recollection of what it consisted and of his income. Occasionally his memory failed him with
    reference to the names of his relatives. Ordinarily, he knew who they were, he seemed to entertain a
    prediliction towards Vicente F. Lopez as would be natural since Lopez was nearest in which the
    instrument distributed the property naming the objects of his bounty. His conversations with Judge Mina
    disclosed as insistence on giving all of his property to the two persons whom he specified.

    On January 3, 1924, Tomas Rodriguez may have been of advanced years, may have been
    physically decrepit, may have been weak in intellect, may have suffered a loss of memory, may have
    had a guardian and may have a been extremely eccentric, but he still possessed the spark of reason
    and of life, that strength of mind to form a fixed intention and to summon his enfeebled thoughts to
    enforce that intention, which the law terms "testamentary capacity."

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