Legal Opinion

Newcomb's Ex'or v. Newcomb

Court of Appeals of Kentucky

Decided October 30, 1894PublishedCited by 12 opinions

Case 22 — WILL CONTEST — APPEAL FROM HENDERSON CIRCUIT COURT. 1. The opinion of a non-expert as to the sanity or insanity of a testator is incompetent, unless accompanied by a statement of the facts upon which that opinion is based. (McDaniels’ will, 2 J. J. M., 331; Hunt’s Heirs y.

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Case 22 — WILL CONTEST — APPEAL FROM HENDERSON CIRCUIT COURT. 1. The opinion of a non-expert as to the sanity or insanity of a testator is incompetent, unless accompanied by a statement of the facts upon which that opinion is based. (McDaniels’ will, 2 J. J. M., 331; Hunt’s Heirs y. Hunt, 3 B. H., 577; Sherley v. Taylor’s Heirs, 5 B. M., 102-3.) 2. An instruction to the jury that, in order to make a will, the testator should have the capacity to dispose of his estate “ in a rational manner” was misleading and prejudicial to appellant. The court erred in refusing an instruction explanatory of…

1Opinion of the Court

JUDGE HAZELBIGG

deliyurkd the opinion op this court.

Tbe finding of tbe jury in tbe court below to tbe effect that a paper, purporting to be tbe will of E. B. Newcomb, deceased, was not bis will, is songbt to be set aside on tbis appeal by bis widow and sole devisee, on tbe following grounds: First. That the opinions of non-experts against tbe sanity of tbe alleged testator were taken without a statement of facts upon which tbe opinions were based.

It is conceded that tbe witnesses thus permitted to express their opinions of tbe incompetency of New-comb to make tbe will in contest, had…

2Cases cited2 opinions

  1. Wise v. FooteCourt of Appeals of Kentucky · 1883
  2. Brown v. CommonwealthCourt of Appeals of Kentucky · 1878

3Cited by12 opinions

  1. Cecil's Executors v. AnhierCourt of Appeals of Kentucky · 1917
  2. Coral Ridge Clay Products Co. v. CollinsCourt of Appeals of Kentucky · 1918
  3. Murphy's Ex'r v. MurphyCourt of Appeals of Kentucky · 1912
  4. Jackson's v. SemonesCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Mullins v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1929

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