Halde v. Schultz
South Dakota Supreme Court
Appeal from circuit court, Hamlin county., Hon. Julian Bennett, Judge. Application by Frank D. Schultz for the probate of the will of Bella Cormack, deceased.' From a judgment probating the will protestant appeals. Non-expert witnesses cannot express a general opinion as to sanity, nor give an opinion independent of the facts and circumstances within their own knowledge.
Read the full summary
Appeal from circuit court, Hamlin county., Hon. Julian Bennett, Judge. Application by Frank D. Schultz for the probate of the will of Bella Cormack, deceased.' From a judgment probating the will protestant appeals. Non-expert witnesses cannot express a general opinion as to sanity, nor give an opinion independent of the facts and circumstances within their own knowledge. They can detail the facts known to them which show insanity, and characterize the acts and conversations detailed as rational or irrational. Bradner on Evidence, Page 554; Greenleaf, Vol. 1, Sec. 440; Paine v. Aldrich, 30 N.…
1Opinion of the CourtCouson, J.
This is an appeal from the judgment of the circuit court reversing the judgment of the county court refusing to admit to probate a w,ill. The facts necessary to a proper understanding of the questions presented on this appeal will be briefly stated: One Bella Halde, by her maiden name of Bella Cormack, made her last will and testament, by which she bequeathed to Ann Cassidy the sum of $300, and to Dan Cassidy the sum of $200, and the balance of her' estate to Mary Elsie Halde, her only child, of the age of about eight years, and appointed the said Dan Cassidy as guardian of the person and…
2Cases cited12 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- Storrs v. St. Luke's HospitalIllinois Supreme Court · 1899
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- State v. KlingerSupreme Court of Missouri · 1870
- Kostelecky v. ScherhartSupreme Court of Iowa · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bell v. DavisSupreme Court of Oklahoma · 1914
- State Ex Rel. Cooper v. CloydSupreme Court of Missouri · 1971
- Sporn v. HerndonSupreme Court of Oklahoma · 1942
- In Re Cloward's EstateUtah Supreme Court · 1938
- Shearn v. AndersonSouth Dakota Supreme Court · 1951
7 more not listed; retrieve them via the Exa API.