Cyclopedia of Law volume 7

Cover Cyclopedia of Law volume 7
Cyclopedia of Law volume 7
Charles E Charles Erehart Chadman
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Potter, 68 Pa. St. 342. The expert gives his opinion either from his acquaintance with the testator, or from hypo- thetical questions based upon the facts in the case.
jLamb v. Lippincott, 115 Mich. 611; Elcessor v. Elcessor, 146 Pa. St. 359; Burney v. Torrey, 100 Ala. 157; Hardy v. Merrell, 56 N. H. 227, 22 Am. Rep. 441.
PROBATE AND CONTEST. 143 of his knowledge of facts or intimate acquaintance with testator. * Subscribing witnesses to a will may always give their opinion as to the sanity or
...insanity of testator without giving the facts upon which they base their opinions. The mere fact that they were chosen as subscribing wit- nesses by the testator qualifies them in this regard. T Their testimony as to capacity is not in law of any higher value than that of other witnesses, and where their tes- timony is against the competency of the testator it may be of less weight than that of other witnesses, since it is in effect contrary to their action as subscribing wit- nesses to the will.

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Cyclopedia of Law volume 7
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