In Re Estate of Addie Etoy Harris

Weltner, Justice.

The propounder appeals from judgment of the superior court sustaining the caveat to the last will and testament of Addie Etoy Harris.

1. Testamentary capacity was at issue before the jury. A subscribing witness, testifying for the propounder, was asked whether the testatrix was “of sound and disposing mind and memory” when the instrument was executed. The witness responded, “Yes, I think she was.” The court then sustained an objection by the caveatrix that the question — already asked and answered — “calls for a conclusion, which is the very issue that this Court is to…