In re Will & Codicil of Barnes

Layton, Chief Justice:

Questions of this general character have fre*208quently been asked in will contests, but we think the objection to this question should be sustained. The question is very broad and general. The question, as put, does not even assume that the testimony is true, or that the jury believes it to be true. But more than that, the jury does not know, nor does the Court, how much of the testimony the witness has remembered, nor the particulars on which he may rely for his opinion, matters which the jury may not believe at all or to which they may give little or no weight. In such…