Zirkle v. Leonard

The opinion of the court was delivered by

Smith, J.:

In this action the validity of a will was involved. It was attacked for want of mental capacity in the testator, undue influence, and uncertainty in the description of real estate devised.

Much testimony was introduced, given by non-expert witnesses who were acquainted with the testator, who gave their opinions as to his sanity and mental capacity. In the admission of such testimony the court required that the opinion given should be based upon the facts which each witness had detailed on the stand, and confined their conclusions to such…