In Re Will of McDowell

Stacy, O. J.

The appeal presents for review (1) the competency of evidence, and (2) the correctness of the charge.

1. The propounders offered Dr. J. T. Barnes as a witness and asked his opinion of the mental capacity of the deceased to make a will in February, 1942. He replied that he did not know the deceased in 1942; that he first met him in 1946, and at that time “he was perfectly normal — -he talked that way anyway.”

The caveators contend that the testimony of this witness was particularly hurtful since it came from a physician highly respected by the jury, and that it runs counter to the…