De Witt v. . Barly and Schoonmaker
New York Court of Appeals
Appeal from the Supreme Court. The action was to recover land. Both parties claimed under Henry De Witt, who was horn in January 1761, made and published his last will and testament May 2, 1837, which devised the premises in question to the plaintiff: executed a deed of the premises June 18, 1849 to John Henry De Witt from whom the defendants derived title, and died May 7, 1850. The question litigated on the trial at the Ulster Circuit in April 1854, before Mr. Justice…
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Appeal from the Supreme Court. The action was to recover land. Both parties claimed under Henry De Witt, who was horn in January 1761, made and published his last will and testament May 2, 1837, which devised the premises in question to the plaintiff: executed a deed of the premises June 18, 1849 to John Henry De Witt from whom the defendants derived title, and died May 7, 1850. The question litigated on the trial at the Ulster Circuit in April 1854, before Mr. Justice Harris and a jury, was the mental capacity of Henry De Witt at the time of executing the deed. He was then eighty-eight years…
1Opinion of the CourtSelden, J.
This case involves an inquiry into the nature and extent of the exceptions to the general rule, that the .testimony of witnesses must be confined to facts, and that their opinions are in all cases to be excluded. The elementary works are not very clear upon this subject. They uniformly state that, upon all questions of science and skill, persons specially instructed in the particular art or science to which the question relates, may give their opinions : but this is the only distinct class of exceptions which they admit. Questions of identity, of hand-writing, &c., are treated by Mr.…
2Cases cited4 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Stewart's v. LispenardNew York Supreme Court · 1841
- The People v. . EastwoodNew York Court of Appeals · 1856
- M'Kee v. NelsonNew York Supreme Court · 1825
3Cited by45 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- State v. PikeSupreme Court of New Hampshire · 1870
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