Pennington v. Perry

It is not deemed useful to elaborate any of the headnotes, except the ninth. The court overruled the objection to the evidence therein quoted, and permitted it to go to the jury. *106Movant says “this was error, because it permitted a non-expert witness to give his opinion of the condition of testatrix’s mind, without giving the facts upon which to base such an opinion.” In this instance the only fact stated by the witness upon which the admission of the testimony may be legally base! is that he had seen and talked to Mrs. Foster, before giving his opinion as to her mental condition. Just how…