Bagtas vs. Paguio
Bagtas vs. Paguio
Bagtas vs. Paguio
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"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. The striking change in the physical and mental vigor of the
testator during the last years of his life may have led some of those
who knew him in his earlier days to entertain doubts as to his
mental capacity to make a will, yet we think that the statements of