In Re Will of Brown

The case turns on the twelfth assignment of error. The three daughters of the deceased, parties interested in tbe event, testified that their father did not have sufficient mental capacity to make a will when tbe paper-writings propounded as such were executed. They then related a number of personal transactions and communications bad with the deceased, upon which they based their opinions.

Was tbe testimony relating to these transactions and communications competent as substantive evidence?

It has been held that, in a proceeding of this kind, both propounders and caveators are “parties” within…