In re the Probate of Will of Selleck
Supreme Court of Iowa
Appeal from- Wright District Court. — -Hon. J. E. Whitaker, Judge. Proceedings for the probate of a will. Contestants made objection to the proposed will on the ground that it was procured by undue influence, and that testator lacked testamentary capacity. There was a special finding by the jury in behalf of contestants on each of these issues, and the court refused to probate the instrument offered as the last will of decedent. The proponent appeals.
1Opinion of the CourtMcClain, J.
1. Non-expert testimony, One of the objections urged by appellant is that a non-expert witness was allowed to give an opinion as to the soundness of mind of the deceased, without stat-the facts upon which such opinion was predicated; but the record shows that the witness had testified as to what he hád observed on a particular occasion when he called upon deceased, and we think it plain that the question i’elated to the facts detailed, and not to facts which he observed at the time, but did not narrate in his evidence. There is nothing in the objection made to the question at the time to…
2Cases cited2 opinions
- Bulger v. RossSupreme Court of Alabama · 1893
- Kaenders v. MontagueIllinois Supreme Court · 1899
3Cited by7 opinions
- In re Young's EstateUtah Supreme Court · 1908
- Harrah v. Wharton ex rel. McLaughlinSupreme Court of Iowa · 1906
- Wiltsey v. WiltseySupreme Court of Iowa · 1906
- In re the Will of Van HoutenSupreme Court of Iowa · 1910
- In re the Admission to Probate of the Last Will & Testament of OverpeckSupreme Court of Iowa · 1909
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