Elcessor v. Elcessor

Citations

• 146 Pa. 359
• 23 A. 230
• 1892 Pa. LEXIS 1230

Syllabus

<p>1. To overcome, on the ground of mental incapacity, the deed of a husband conveying as a gift to his wife a not undue portion of his estate, drawn by counsel, executed openly in the presence of one of the plaintiffs, acknowledged before a notary who had known him for many years, without coercion, collusion or fraud, the evidence should be clear and unquestionable.</p> <p>2. On questions of mental incapacity, as affecting the validity of a deed as of a will, the opinions of non-expert witnesses are inadmissible, until they have first stated facts from which the weight of their opinions may be determined ;■ and those facts must be such as to afford a fair basis for the opinions proposed to be given.</p> <p>3. When the facts first stated, as such basis, are in themselves inconclusive, and of such neutral character as to be consistent with either soundness or unsoundness of mind, they cannot reasonably be assumed as a proper foundation for the opinion offered, and the opinion of the witness should be excluded.</p>