King v. Lemmer

Opinion by

Mr. Justice Kephart,

John Lemmer transferred money, stocks and bonds from his own name to that of himself and his second wife, to whom he had been happily married for twenty years. After his death his children by his first wife attempted to set aside the transfers because he was mentally incompetent to make them. Two of his daughters were offered as witnesses to testify to matters occurring in their father’s lifetime. The court below refused to permit them to do so.

By stipulation it is agreed the sole question before us in this appeal is as to the competency of decedent’s two…