Kirkpatrick v. Kirkpatrick

This issue, devisavit vel non, on a paper propounded as. the will of Amos Kirkpatrick, deceased, resulted in a verdict and judgment against the will. The court erred in permitting certain witnesses to state their opinions as to the testator’s mental capacity “to make a reasonable disposition of his property.” This was a mixed question of law and fact, and the very inquiry to be determined by the jury upon the facts. With certain qualifications the opinions of that class of witnesses are received as to .the soundness or unsoundness of the testator’s mind, but the question whether the…