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1 Seld. Notes 177

Dewitt v. Barley

New York Court of Appeals

Decided December 31, 1853

New York Court of Appeals · decided 1853-12-31

<p> Opinions of witnesses as to. nbental capacity. </p>

Relies on Dewitt v. . Barley and Schoonmaker · De Witt v. Barley

Decided 1853-12-31

¶1The opinions of witnesses, other than those who are specially qualified by scientific knowledge, to judge of such matters, are not competent evidence as to the soundness or unsoundness of mind of a testator or grantor, at the time of executing a will or deed.

¶2The case of subscribing witnesses to a will or deed, forms an exception to this rule, their opinions being always competent.

¶3(S. C., 13 Barb. 550; 9 N. Y. 371.)

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