McCulloch v. Campbell
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. 1. The court erred in excluding the testimony of John McClellan. It was certainly pertinent and competent, bearing directly on the point at issue, the mental capacity of testatrix. It was proper evidence in rebuttal. 2. Non-expert witnesses cannot give their opinion of the mental capacity of a testator.
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APPEAL from Washington Circuit Court. J. M. Pittman, Judge. 1. The court erred in excluding the testimony of John McClellan. It was certainly pertinent and competent, bearing directly on the point at issue, the mental capacity of testatrix. It was proper evidence in rebuttal. 2. Non-expert witnesses cannot give their opinion of the mental capacity of a testator. Attesting witnesses may do this, but others must confine themselves to the facts, ig Ark., 533- 3. Experts can only be allowed to testify in reference to hypothetical cases put to them, and not to say what their opinion is on the…
1Opinion of the CourtSmith, J.
This was a contest over the will of Mrs. Elizabeth McClure. The Probate Court admitted the instrument to probate, notwithstanding the opposition of Thomas J. Campbell, one of the heirs, who alleged that the testatrix was laboring under senile dementia and that the will was procured by the undue influence of McCulloch, the executor, and some of the legatees. But upon appeal to.the Circuit Court, the jury, to whom the issues were submitted, found against the validity of the will, and judgment was entered setting it aside.
It is claimed in the motion for new trial that this verdict was against…
2Cases cited3 opinions
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- Rutherford v. MorrisIllinois Supreme Court · 1875
- Johnson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by77 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Ginter v. GinterSupreme Court of Kansas · 1909
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Rose v. DunnSupreme Court of Arkansas · 1984
- Mallow v. WalkerSupreme Court of Iowa · 1901
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