Legal Opinion

Dewitt v. Barley

New York Court of Appeals

Decided December 31, 1853Published

1Opinion of the Court

The opinions of witnesses, other than those who are specially qualified by scientific knowledge, to judge of such matters, are not competent evidence as to the soundness or unsoundness of mind of a testator or grantor, at the time of executing a will or deed.

The case of subscribing witnesses to a will or deed, forms an exception to this rule, their opinions being always competent.

(S. C., 13 Barb. 550; 9 N. Y. 371.)

2Cases cited2 opinions

  1. Dewitt v. . Barley and SchoonmakerNew York Court of Appeals · 1853
  2. De Witt v. BarleyNew York Supreme Court · 1852