Estate of Toomes

Citations

• 54 Cal. 509

Syllabus

<p>Evidence—Expebt—Insanity—Pbiest.—Upon an issue as to the sanity of the testatrix, in a contested will case, a witness (a Roman Catholic priest) was permitted to testify as to his opinion of the mental condition of the testatrix, and it was objected that he was not an expert. Held, upon the facts stated in the opinion, that the witness was an expert, and the query made, but not decided, whether it was necessary in such case that a witness should be an expert.</p> <p>Id.—Pbivileged Communications—Pbiest.— The examination of the witness was confined to the facts, which were brought to his knowledge on a preliminary examination, made with a view to learn whether the testatrix was in a proper condition of mind to make a confession. Held, that it was not a privileged communication under §T881 of the Code of Civil Procedure.</p> <p>Id.—Insanity.—Upon the trial of an issue as to the sanity of the testatrix, at the time of executing the will, proof of her insanity at a time prior or subsequent thereto is admissible.</p> <p>Id.—Ebbob.—Whatever may be the rule as to the admission of improper testimony, the exclusion of proper testimony is always ground for reversal.</p> <p>Will.—The name of a testatrix was subscribed to the will by one of the subscribing witnesses, and she declared the document to be her will in the presence and hearing of the witnesses, who subscribed their names at her request, and in her presence, and in the presence of each other. Held, to be a sufficient execution.</p>