De Witt v. Barley
New York Supreme Court
This was an action of ejectment, tried at the Ulster circuit, before Justice Harris, in May, 1851. The plaintiff claimed by virtue of a devise in the will of his father, Henry De Witt, executed 2d May, 1887. The testator died May 7,1850. The defendants claimed under a deed from Henry De Witt to John H. De Witt, dated 18th June, 1849, and proved a deed from John H. De Witt and wife to one of the defendants, dated 12th December, 1849. The plaintiff attempted to show that at…
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This was an action of ejectment, tried at the Ulster circuit, before Justice Harris, in May, 1851. The plaintiff claimed by virtue of a devise in the will of his father, Henry De Witt, executed 2d May, 1887. The testator died May 7,1850. The defendants claimed under a deed from Henry De Witt to John H. De Witt, dated 18th June, 1849, and proved a deed from John H. De Witt and wife to one of the defendants, dated 12th December, 1849. The plaintiff attempted to show that at the time the deed was made to John H. De Witt, Henry De Witt had so far failed in intellect as to be incapable of…
1Opinion of the Court
By the Court, Parker, P. J.
The principal question presented in this case is whether it was competent for the plaintiff’s counsel, on the trial, to ask the opinion of a witness as to the capacity of the grantor, after the witness had stated the facts within his personal knowledge, on which such opinion was founded.
*551The general rule undoubtedly is that witnesses may state facts only, from which the jury are to form their opinions. But there are several exceptions to this rule, among which are questions of value, personal identity, genuineness of hand-writing, and the testimony of experts in…
2Cases cited8 opinions
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Lee v. JilsonSupreme Court of Connecticut · 1831
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
- Putnam v. DutchMassachusetts Supreme Judicial Court · 1811
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3Cited by5 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- State v. PikeSupreme Court of New Hampshire · 1870
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1854
- Brand v. BrandNew York Supreme Court · 1870
- Dewitt v. BarleyNew York Court of Appeals · 1853