This is an appeal from a judgment of the Court of First Instance of Manila allowing the probate of the will of Paulina Vazquez Viuda de Garcia. An attesting witness to a will may base an opinion of the testator’s mental capacity upon his appearance at the time of executing the will.
FILEMON GARCIA AYALA PROFESSIONAL
36948, 58 Phil., 919 In re Will of Medina, 60 Phil., 391.) In one case it was said: "It is hardly conceivable that any attorney of any standing would risk his professional reputation by falsifying a will and then go before a court and give false testimony." (Sotelo v. The intervention of professional men, especially lawyers, in the preparation and execution of wills, has been given by this court the consideration deserved. INTERVENTION OF PROFESSIONAL MEN IN THE PREPARATION AND EXECUTION OF WILLS. By signing a will as witnesses, the persons who thus sign impliedly certify to the truth of the facts which admit to probate, including the sufficiency of execution, the capacity of the testator, the absence of undue influence and the like.
Though strangers personally to the testator, their concurring testimony alone may well establish the due execution in which they participated and even in a conflict of evidence great weight is given to their several statements." (Schouler on Wills, Executors and Administrators, sec. "Subscribing witnesses are much relied upon to establish due execution of the will nor can the testimony of persons accidentally present, who had nothing to do with the transaction, be entitled to equal consideration. Garcia and Rodriguez, 42 Phil., 145 Unson v. In fact, persons other than the subscribing witnesses to the will may be called upon to prove the due execution of the will and the sanity of the testator only in cases where none of the subscribing witnesses reside in the Philippines or in case one or more of them has been deceased or is insane. No better witnesses could have been presented in support of the due execution of the will. There is no reason for rejecting the testimony of the attesting witnesses in the present case.
FILEMON GARCIA AYALA TRIAL
Not only did the subscribing witnesses give such a clear, explicit and detailed account of the circumstances surrounding the due execution of the will, but their testimony is straightforward and convincing, and the trial judge who heard them testify properly accepted their testimony.
It is the peculiar province of the trial court to resolve questions regarding the credibility of witnesses. WILLS CREDIBILITY OF SUBSCRIBING WITNESSES.
0 kommentar(er)
