State v. . Journegan

"WalKee, J.,

concurring: I agree with the opinion and conclusion of the Court in this case, for the same reason and partly upon the same ground that I refused my assent to the opinion in the case of In re Peterson, 136 N. C., 13, at page 28, though for reasons there stated I concurred in the result, a new trial having been awarded.

It is not competent for a witness, especially a nonexpert, to give bis opinion, for instance, as to whether a testator or a grantor in a deed bad or bad not sufficient mental capacity to execute the particular instrument in question, and much less is it competent for…