Godden v. Executors of Burke
Supreme Court of Louisiana
APPEAL from tbe Civil District Court for tbe Parish of Orleans, Tissot, J. 1. Where a non-expert witness is under examination as to the sanity or insanity of a testator? he is limited to the statement of bare facts, and is not allowed to give his opinion of tho mental soundness or unsoundness of the de cujus. 1 Gray, 337; 34 Y. Y. 190 ; 42 N. Y. 270; 1 Barb. 408; 13 Tex. 568; 2 Allen, 511; 3 Mass* 371; 9 Mas3. 225. 2. The only exception to this rule is in favor of the…
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APPEAL from tbe Civil District Court for tbe Parish of Orleans, Tissot, J. 1. Where a non-expert witness is under examination as to the sanity or insanity of a testator? he is limited to the statement of bare facts, and is not allowed to give his opinion of tho mental soundness or unsoundness of the de cujus. 1 Gray, 337; 34 Y. Y. 190 ; 42 N. Y. 270; 1 Barb. 408; 13 Tex. 568; 2 Allen, 511; 3 Mass* 371; 9 Mas3. 225. 2. The only exception to this rule is in favor of the subscribing witnesses to a will. 8 Greeiil42; 3 Mass. 330; 12 Penn. St. 27; 54 Penn. St. 216; 78 Penn. St. 326 ; 36 Ga. 64. 3.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff, as the only lawful issue of Edward Burke, attacks her father’s will and seeks its nullity on two substantive grounds! 1st, unsoundness of mind and mental incapacity; and 2d, undue influence on the part of the universal legatee, his brother.
The executors named and all concerned in maintaining the will were made parties.
Their defense is a general denial, and the special averment that all that portion of plaintiff’s petition which charges that the will was made through the instrumentality or at the suggestion or captation of…
2Cases cited6 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Rush v. MegeeIndiana Supreme Court · 1871
- Aikin v. WeckerlyMichigan Supreme Court · 1870
- Bates v. BatesSupreme Court of Iowa · 1869
- Harden v. HaysSupreme Court of Pennsylvania · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McCarty v. TrichelSupreme Court of Louisiana · 1950
- Succession of LedetSupreme Court of Louisiana · 1930
- Succession of McDermottSupreme Court of Louisiana · 1914
- Succession of FordSupreme Court of Louisiana · 1922
- Interdiction of EscatSupreme Court of Louisiana · 1944
9 more not listed; retrieve them via the Exa API.