Case of Harper's Will & Testament

OPINION of the Court, by

Judge Logan.

‘This is an appeal from a judgment of the Fleming county court refusing to admit to record an instrument of writing purporting to he the last will and testament of William Harper, deceased.

The only point involved in this case, is, as to the capacity of the testator to make his will.

The court below seems to have adjudicated upon the supposition that it was indispensable that the witnesses should respond affirmatively to the very words in the form of the oath administered by the clerk, viz. That they believed the testator was of “perfect sense and memory”…