Professional Documents
Culture Documents
773
774
775
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13. ID.; ID.; ID.; CASE AT BAR.—Held, That the theory that
undue influence was exercised by the persons benefited in
the will in conjunction with others who acted in their
behalf, and that there was a preconceived plan on the part
of the persons who surrounded Tomas Rodriguez to secure
his signature to the testament, must be rejected as not
proved.
MALCOLM, J.:
This case concerns the probate of the alleged will of the late
Tomas Rodriguez y Lopez.
Tomas Rodriguez died in the City of Manila, Philippine
Islands, on February 25, 1924, leaving a considerable
estate. Shortly thereafter, Manuel Torres, one of the
executors named in the will, asked that the will of
Rodriguez be allowed. Opposition was entered by
Margarita Lopez, the first cousin of the deceased, on the
grounds: (1) That the testator lacked mental capacity
because at the time of the execution of the supposed will he
was suffering from senile dementia and was under
guardianship; (2) that undue influence had been exercised
by the persons benefited in the document in conjunction
with others who acted in their behalf; and (3) that the
signature of Tomas Rodriguez to the document was
obtained through fraud and deceit. After a prolonged trial,
judgment was rendered denying the legalization of the will.
In the decision of the trial judge appeared, among others,
these findings:
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to sign the supposed will, Exhibit A, and the copies thereof, there
already existed a final judgment as to his mental condition,
wherein he was declared physically and mentally incapacitated to
take care of himself and manage his estate, shows in a clear and
conclusive manner that at the time of signing the supposed will,
Tomas Rodriguez did not possess such mental capacity as was
necessary to enable him to dispose of his property by the supposed
will.
"But even supposing, as contended by petitioner's counsel, that
Tomas Rodriguez was at the time of executing the will, competent
to make a will, the court is of the opinion that the will cannot be
probated, for it appears from the declaration of the attesting
witness Elias Bonoan that when the legatee Luz Lopez presented
the supposed will, Exhibit A, to Tomas Rodriguez, she told him to
sign said Exhibit A because it was a document relative to the
complaint against one Castito, which is Exhibit 4, then pending in
the justice of the peace court, and for the further reason that said
Tomas Rodriguez was then under guardianship, due to his being
mentally and physically incapacitated, and therefore unable to
manage his property and take care of himself. It must also be
taken into account that Tomas Rodriguez was an old man 76
years of age, and was sick in the hospital when his signature to
the supposed will was obtained. All of this shows that the
signature of Tomas Rodriguez appearing in the will was obtained
through fraudulent and deceitful representations of those who
were interested in it." (Record on Appeal, p. 23.)
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I. TESTAMENTARY CAPACITY
"I found him lying down on his bed. * * * And when it (the
cleaning of his bed) was finished, I again entered his room and
told him that I had an order of the court which I wanted to read
as I did read to him, but after reading the order he asked me what
the order meant; 'I read it to you so that you may appear before
the court, because you have to appear before the court'—'I do not
understand,' then I read it again, but he asked what the order
said; in view of that fact I left the order and departed from the
house." (S. R., p. 642.)
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on the morning next to the following evening, that is, on the 16th,
I should go to the General Hospital, and so I did.
"Q. Did you go to the hospital in the evening of the 16th?—A.
Yes, sir.
"Q. Did you meet D. Tomas?—A. Yes, sir.
"Q. Did D. Tomas tell you his desire to make a will ?
"OCAMPO: Leading.
"ARANETA: I withdraw. What, if anything, did D. Tomas tell
you on that occasion when you saw him there?—A. He told me
that.
"Q. Please tell us what conversation you had with D. Tomas
Rodriguez?—A. The conversation I had with him that evening—
according to my best recollection—I cannot tell the exact words
and perhaps the order. After the usual greetings, 'Good evening,
D. Tomas,' 'Good evening/ 'How are you,' 'How do you do?' 'Very
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well, just as you find me.' Then I introduced myself saying, 'I
came here in the name of D, Vicente Lopez, because according to
him you stated your desire to make a will.' 'Yes/ he said, 'and
where is Vicente Lopez, why does he not come.' 'He cannot come
because he has many things to do, and besides it is hard for him
and makes him tired, so he told me to come.' Then he asked me,
'Who are you?' 'I am Maximino Mina, your tenant, attorney.' 'Are
you an attorney?' 'Yes.' 'Where do you live?' 'I live in Quiapo.' 'Oh,
in Quiapo, a good district, it is gay, a commercial place, you must
have some business there because that is a commercial place.'
'Unfortunately, I have none, D. Tomas/ 'Well, you must have
because the profession alone does not give enough. Where is your
office?' 'I work in the office of Mr. Chicote.' That Mr. Chicote must
be rich, it seems to me that he is.' 'The profession gives almost
nothing, it is better to have properties. I am an attorney but do
not depend upon my profession.' I interrupted D. Tomas saying,
'since you want to make a will, when and to whom do you want' to
leave your fortune?' Then he said, 'To whom else? To my cousin
Vicente Lopez and his daughter
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"Q. Did you have any other occasion to see him?—A. Yes.
"Q. When?—A. On December 29, 1923, also in the evening.
"Q. Why did you go to see him?—A. Because as I had not
received any message either from Vicente Lopez or from Tomas
Rodriguez, and as I had received notices in connection with the
few cases I had in the provinces, particularly in Tayabas, which
compelled me to be absent from Manila until January 1st at least,
for I might be there for
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Santiago Lopez would meet me on said 31st day between five and
six in the evening or a little before, but it happened that before
the arrival of that date Santiago Lopez came and told me that I
need not trouble about going to the General Hospital because it
could not be carried out for the reason that certain requisites were
lacking. In view of this and bearing always in mind that on the
following day I had to go to the provinces, I told Santiago Lopez
that I would leave the papers with him because I might go to the
provinces.
"Q. What may be the meaning of those words good Christmas
present?—A. They are given as a Christmas present when
Christmas comes or on the occasion of Christmas.
"Q. I show you this document which is marked Exhibit A, tell
me if that is the will or copy of the will which you delivered to
Santiago Lopez on December 31, 1923?—A. With the exception of
the words '3 de enero de 1924' it seems to be literally identical."
(S. R., pp. 244-249.)
"ONLY PAGE
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"We hereby certify that on the date and in the place above
indicated, Don Tomas Rodriguez executed this will, consisting of
one single typewritten page, having signed at the bottom of the
will in the presence of us who saw as witnesses the execution of
this will, and we signed at the bottom thereof in the presence of
the testator and of each other.
(Sgd.) "V. L. LEGARDA
"ELIAS BONOAN
"A. DE ASIS"
(Exhibit A.)
"QUESTIONS.
"MARCAIDA: Q. Why were you a witness to the will of Tomas
Rodriguez?
"ARANETA : I object to the question as being immaterial.
"COURT: Objection overruled.
"ARANETA: Exception.
"Dr. BONOAN: A. Because I was called up by Mrs. Luz by
telephone telling me to be in the hospital at 3 o'clock sharp in the
afternoon of the 3d of January.
"Q. Who is that Luz whom you have mentioned?—A. Luz
Lopez, daughter of Vicente Lopez.
"Q. What day, January 3, 1924 ?—A. Yes, sir.
"Q. When did Luz Lopez talk to you in connection with your
going to the hospital?—A. On the morning of the 3d she called me
up by telephone.
"Q. On the morning?—A. On the morning.
"Q. Before January 3, 1924, when the will of Tomas Rodriguez
was signed, did Luz Lopez talk to you?—A. Yes, sir.
"Q. How many days approximately before was it?—A. I cannot
tell the day, it was approximately one week be-
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"Q. What was D. Tomas told when he signed the will ?—A. To sign
it.
"Q. Who told D. Tomas to sign the will?—A. Luz Lopez.
"Q. What did Luz Lopez tell Tomas Rodriguez in order that he
should sign the will?—A. She told him to sign the document; the
deceased Tomas Rodriguez before signing the document asked
what that was which he was to sign.
"Q. What did anybody answer to that question of D. Tomas?—
A. Luz Lopez told him to sign it because it concerned a complaint
against Castito. D. Tomas said, 'What is this?' And Luz Lopez
answered, 'You sign this document, uncle Tomas, because this is
about the complaint against Castito.'
"Q. Then Tomas Rodriguez signed the will?—A. Yes, sir.
"Q. Who had the will? Who was holding it?—A. Mr. Vicente
Legarda had it in his own hands.
"Q. Was the will signed by Tomas Rodriguez lying down, on his
feet, or seated?—A. Lying down.
"Q. Was the will read by Tomas Rodriguez or any person
present at the time of signing the will, did they read it to him?—
A. Nobody read the will to him.
"Q. Did not D. Tomas read the will?—A. I have not seen it.
"Q. Were you present?—A. Yes, sir." (S. R., p. 8.) As it would be
quite impracticable to transcribe the testimony of all the others
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"Q. When those documents, Exhibits A, A-1, and A-2, that is,
the original and the two copies of the will signed by D. Tomas
Rodriguez were written clean, will you please tell what happened?
—A. When Santiago Lopez gave them to me clean, I approached
D. Tomas Rodriguez and told him: 'Don Tomas, here is this will
which is ready for your signature.'
"Q. What did D. Tomas do when you said that his will you were
showing to him was ready?—A. The first thing he asked was: 'the
witnesses?' Then I called the wit-
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790
tor Calderon talked to him about business. He asked him how the
business was going on,—'everything is going wrong, except the
business of making loans at 18 per cent.' It seems that Tomas
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"Q. Were you present when Mr. Legarda handed the will to him?
—A. Yes, sir.
"Q. Did any person there tell Don Tomas that that was a
complaint to be filed against one Castito?—A. No, sir, I have not
heard anything of the kind.
"Q. It was said here that when the will was handed to him, D.
Tomas Rodriguez asked what that was which he was to sign and
that Luz Lopez answered, 'That is but a complaint in connection
with Castito.' Is that true?—A. I have not heard anything of the
kind.
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"Q. Had anybody told that to the deceased, would you have
heard it?—A. Yes, sir.
"Q. Was Luz Lopez there?—A. I don't remember having seen
her; I am not sure; D. Santiago Lopez and the three witnesses
were there; I don't remember that Luz Lopez was there.
"Q. Had anybody told that to the deceased, would you have
heard it?—A. Yes, sir.
"Q. Did D. Tomas sign of his own accord?—A. Yes, sir.
"Q. Do you remember whether he was given a pen or he himself
asked for it?—A. I don't know; it is a detail which I don't
remember well; so that whether or not he was given a pen or he
himself asked for it, I do not remember.
"Q. But did he sign without hesitation?—A. With no hesitation.
"Q. Did he sign without anybody having indicated to him where
he was to sign ?—A. Yes, without anybody having indicated it to
him.
"Q. Do you know whether D. Tomas Rodriguez asked for more
light before signing?—A. He asked for more light, as I have said
before.
"Q. Do you remember that detail?—A. Yes, sir, they first
lighted the lamps, but as the light was not sufficient, he asked for
more light.
792
"Q. Do you remember very well that he asked for light?—A. Yes,
sir." (S. R., p. 93.)
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"They also certify that they were present at the time he signed
his will on January 3, 1924, at 3.25 p. m., and have found his
mental state in the same condition as was found by the
undersigned in their former examinations, and that in executing
said will the testator had full understanding of the act he was
performing, and full knowledge of the contents thereof.
795
"A. I was naturally interested in finding out the true mental state
of Tomas Rodriguez, and that was the chief reason why I accepted
and gave my coöperation to Messrs. Elias Domingo and Florentino
Herrera because had I found that Tomas Rodriguez was really
insane, I should have ordered his transfer to the San Lazaro
Hospital or to other places, and would not have left him in the
General Hospital. Pursuant to my desire, I saw Tomas Rodriguez
in his room alone twice to have interviews with him, he being a
person whom I knew since several years ago; at the end of the
interviews I became convinced that there was nothing wrong with
him; I had not seen anything indicating that he was insane and
for this reason I accepted the request of my companions and
joined them; we have been on five different occasions examining
Tomas Rodriguez jointly from the physical standpoint, but chiefly
from the standpoint of his mental state; I have been there with
Messrs. Herrera and Elias Domingo, examining Tomas Rodriguez
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797
"Q. From the result of the conversation you had with Tomas
Rodriguez on those two visits, what is your opinion as to his
mental capacity?—A. That he was sick; that he was weak, but I
have found absolutely no incoherence in his ideas; he answered
my questions well, and as I was observing him, there were times
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"Q. Do you remember the conversation you had with him for
the first time when the three of you paid a visit to the patient?—
A. I don't remember the details, but I do remember the questions
I put to him. I asked D. Tomas Rodriguez: 'You are an old man,
aged, sick, why don't you think of making your will?' and he said:
'Yes, I am thinking to make a will.' 'But why don't you decide?'
There is no hurry, there is time to make a will/ he said. 'Then in
case you decide to make a will, to whom are you going to leave
your property? Don't you have any relatives?' 'I have a relative,
Vicente Lopez, my first cousin, and Margarita Lopez, my first
cousin, they are brothers.' 'ln that case, to whom do you want to
leave your property?' 'Why, I don't have much, very little, but I
am decided to leave it to my cousin, Vicente Lopez, and his
daughter Luz Lopez.' 'Why would' you not give anything to
Margarita Lopez?' 'No because her husband is very bad,' to use his
exact language, 'is very bad.'
"Q. Did you talk with him on that occasion about his estate?—
A. Yes, sir, he told me that he had three estates,—
798
"Q. From the questions made by you and the answers given by
Mr. Tomas Rodriguez on that occasion, what is your opinion as to
his mental capacity?—A. The following: That the memory of
Tomas Rodriguez somewhat failed as to things of the present, but
is all right with regard to matters or facts of the past; that his
ideas were coherent; that he thought with logic, argued even with
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tunity to see and examine him during the months of October and
November.
"Q. What was the object of your visits or attendance during the
months of October and November?—A. It was for the purpose of
observing his mental state.
"Q. Did you really examine his mental condition or capacity
during the months of October and November?—A. Yes, sir.
"Q. How many times did you visit him?—A. l don't remember
exactly but I visited him about five or six times.
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800
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it?' He told me that he would take the bill and give it to the
manager in order that the latter may look for the owner if
possible. His reasoning. I found that he showed a moderate
retardation in the flow of his thought, especially with regard to
recent events, but was quite all right as to past events. His
capacity. He believed that
801
"MEDICAL CERTIFICATE
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802
803
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804
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805
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806
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807
808
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"Q. Acts or words?—A. Yes, sir, like those words which I have
already said which he used to say—'Maria, the key, 50 centavos.'
"Q. You say that he called Maria. What did he say about Maria
on that date, January 2, 1924?—A. He used to say, 'Maria, where
is Maria?'
"Q. On that date January 2, 1924, did you answer him when he
said 'Maria?'—A. No, sir.
809
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813
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815
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"* * * There are many cases and authorities which we might cite
to show that the courts have repeatedly held that mere weakness
of mind and body, induced by age and disease do not render a
person incapable of making a will. The law does not require that a
person shall continue in the full enjoyment and use of his pristine
physical and mental powers in order to execute a valid will. If
such were the legal standard, few indeed would be the number of
wills that could meet such exacting requirements, The
authorities, both medical and legal, are universal in the
statement that the question of mental capacity is one of degree,
and that there are many gradations from the highest degree of
mental soundness to the lowest conditions of diseased mentality
which are denominated as insanity and idiocy.
"The right to dispose of property by testamentary disposition is
as sacred as any other right which a person may exercise and this
right should not be nullified unless mental incapacity is
established in a positive and conclusive
816
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817
" 'Dougal (the testator) had lived over one hundred years before
he made the will, and his physical and mental weakness and
defective memory were in striking contrast with their strength in
the meridian of his life. He was blind; not deaf, but hearing
impaired; his mind acted slowly, he was forgetful of recent events,
especially of names, and repeated questions in conversation; and
sometimes, when aroused from sleep or slumber, would seem
bewildered. It is not singular that some of those who had known
him when he was remarkable for vigor and intelligence, are of the
opinion that his reason was so far gone that he was incapable of
making a will, although they never heard him utter an irrational
expression.'
"In the above case the will was sustained. In the case at bar we
might draw the same contrast as was pictured by the court in the
case just quoted. * * *"
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tion of the mind. The aged live in the past, and the
impressions retained in their minds are those that were
made in their younger days, because at that period of their
lives they were able to exercise will power by giving
attention. While the inability of a person of advanced years
to remember recent events distinctly undoubtedly indicates
a decay of the human faculties, it does not conclusively
establish senile dementia, which is something more than a
mere loss of mental power, resulting from old age, and is
not only a feeble condition of the mind, but a derangement
thereof. * * * The rule is settled in this state that if a
testator at the time he executes his will understands the
business in which he is engaged, and has a knowledge of
his property, and how he wishes to dispose of it among
those entitled to his bounty, he possesses sufficient
testamentary capacity, notwithstanding his old age,
sickness, debility of body, or extreme distress.
820
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III. JUDGMENT
____________
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