Question juridique clé
Whether the testatrix had testamentary capacity when the public will was executed on 2002-07-30.
Solution extraite
She lacked sufficient testamentary capacity at the time of execution; the annulment of the legacy was upheld.
Motifs extraits
The court preferred the medical expertise diagnosing an advanced dementing illness and considered the disease’s slow progression, earlier medical findings, and the limited probative value of the notarial attestation. The appellants failed to show arbitrariness in the factual findings.