Law of Wills, Executors And Administrators
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392. Dec. 481; Gibson v. Gibson, 9 Yerg..
8. Kerr v. Lunsford, 31 W. Va. 659. 329 ; Clary v. Clary, 2 Ired. 78. But 9. Hastings v. Rider, 99 Mass. 632; cf. Stubbs v. Houston, 33 Ala. 55a.
Gibson v. Gibson, 9 Yerg. 29; Kemp- 3. See Burley v. McGough, 115 111..
239 § 208 LAW OF WILLS.
[PAET IL § 208. To what Time Opinion of Witness relates; does not ex- tend to Legal Capacity, etc.
The opinion of any competent witness as to the testator's sanity should relate, on the whole, to the time of the exe...cution; and as the earlier impressions he may have conceived in this respect have only a secondary bearing upon the case, they should not be drawn out uipon a direct examinattion.* There is, however, a recent Mas- sachusetts case which takes a different view.^ ISTor should the wit- ness be asked his opinion whether 'the testator -was competent to make a will ; for such an inquiry involves matter of law as well as fact, upon which the court may reserve its instructions; but the simpler inquiry relates to mental souudness or unsoundness, with reference, as near las may 'be, to ithe particular aict or kind of act in disipute, and as the result of personal knowledge and observa- tion.' 11, 3 N.
What to read after Law of Wills, Executors And Administrators?
You can find similar books in the "Read Also" column, or choose other free books by James Schouler to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
392. Dec. 481; Gibson v. Gibson, 9 Yerg..
8. Kerr v. Lunsford, 31 W. Va. 659. 329 ; Clary v. Clary, 2 Ired. 78. But 9. Hastings v. Rider, 99 Mass. 632; cf. Stubbs v. Houston, 33 Ala. 55a.
Gibson v. Gibson, 9 Yerg. 29; Kemp- 3. See Burley v. McGough, 115 111..
239 § 208 LAW OF WILLS.
[PAET IL § 208. To what Time Opinion of Witness relates; does not ex- tend to Legal Capacity, etc.
The opinion of any competent witness as to the testator's sanity should relate, on the whole, to the time of the exe...cution; and as the earlier impressions he may have conceived in this respect have only a secondary bearing upon the case, they should not be drawn out uipon a direct examinattion.* There is, however, a recent Mas- sachusetts case which takes a different view.^ ISTor should the wit- ness be asked his opinion whether 'the testator -was competent to make a will ; for such an inquiry involves matter of law as well as fact, upon which the court may reserve its instructions; but the simpler inquiry relates to mental souudness or unsoundness, with reference, as near las may 'be, to ithe particular aict or kind of act in disipute, and as the result of personal knowledge and observa- tion.' 11, 3 N.
What to read after Law of Wills, Executors And Administrators?
You can find similar books in the "Read Also" column, or choose other free books by James Schouler to read onlineMoreLess
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