Dennis v. Weekes
Supreme Court of Georgia
"Wills. Witness. Opinions. Evidence. Admissions. Administrators and executors. Declarations. New trial. Before Judge James Johnson. Talbot Superior Court.
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"Wills. Witness. Opinions. Evidence. Admissions. Administrators and executors. Declarations. New trial. Before Judge James Johnson. Talbot Superior Court. September Term., 1873. Virginia Dennis, wife of William T. Dennis, petitioned the Court of Ordinary of Talbot county, setting forth that she was the daughter of William Stallings, deceased; that William J. Weekes produced before said court, in December, 1869, an instrument in writing purporting to be the last will and testament of said-Stallings, which paper1 was admitted to record in common form; that said Weekes claims to be the executor…
1Opinion of the Court
Trippe, Judge.
1. It was not denied in the argument that a witness may give his opinion of the sanity of a testator, and indeed on any other question to be decided by the jury, and which is one of opinion, provided he gives his reasons therefor: Code, section 3867.
2. Under this rule, a portion of the testimony of the witness Peek, which was objected to, was admissible, and part not. He states how the testator appeared and acted, t'he last time *28he saw him; describes his manners and conversation, and then gives “his opinion from the facts stated.” Mrs. Dennis (the caveatrix) is still more full…
2Cited by17 opinions
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Credille v. CredilleSupreme Court of Georgia · 1905
- Purser v. McNairSupreme Court of Georgia · 1922
- Brown v. KendrickSupreme Court of Georgia · 1926
- Hubbard v. RutherfordSupreme Court of Georgia · 1918
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