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In Re: L. Ramirez vs. Jose Ma, Ramirez

IN THE MATTER OF THE TESTATE ESTATE OF MARIE GARNIER GARREAU. LIRIO PFANNENSCHMIDT RAMIREZ, petitioner-appellant, vs. JOSE MA. RAMIREZ, oppositor-appellee.

G.R. No. L-19910 | 1971-05-31

D E C I S I O N


MAKALINTAL, J:

At issue in this appeal is the due execution of the last will and testament of Maria Garnier Garreau, which was denied probate by the Court of First Instance of Manila in its order of August 15, 1961 (Special Proceeding No. 39365) on the ground of the testatrix' lack of testamentary capacity.

Maria Garnier Garreau, widow of Ramon Ramirez, was a native of Asnier, Paris, France, but a Filipino citizen residing in Madrid, Spain, where she died childless at the age of 84 on January 11, 1959. The will in question was an "open" one, executed before a notary public in Madrid on May 24, 1958, and instituting her...