Espy v. Preston

1. "Where the question under examination, and to be decided by the jury, shall be one of opinion, any witness may swear to his opinion or belief, giving his reasons therefor." Code, § 38-1708. "Sanity or insanity is a proper subject for opinion evidence." Strickland v. State, 137 Ga. 115 (4), 117 (72 S.E. 922).

2. The issue on trial being the mental capacity of the testatrix to make a will, and a daughter of the testatrix having testified, as a nonexpert witness for the caveators, that she was living in the home of the testatrix at the time the will was executed, and had done so for several…