Question juridique clé
Whether the 2 September 1988 will was invalid because the testator lacked testamentary capacity.
Solution extraite
The appellant failed to prove incapacity at the time the will was made; the invalidity claim was rejected.
Motifs extraits
Urteilsfähigkeit is presumed; the burden rested on the appellant. The lower courts could refuse additional evidence because the proposed witnesses could not speak to the testator's condition on 2 September 1988, and the existing evidence did not show incapacity.