Niemes v. Niemes

Citations

• 97 Ohio St. (N.S.) 145

Syllabus

<p>Wills — Contest—Civil action — Verdict by three-fourths of jury — Non-expert testimony — Mental capacity of testator — Testamentary capacity determined, how.</p> <p>1. An action in contest of the validity of a will is designated a civil action by the express terms of Section 12079, General Code, and as such is subject to the provisions of Section 11455, General Code, which permits the rendition of a verdict by the jury on the concurrence of three-fourths or more of its membership.</p> <p>2. It is the established law of Ohio that in such an action a lay witness, although not a subscribing witness, who has theretofore given testimony upon which an opinion can reasonably be based, may give his opinion as to the soundness or unsoundness of the mind of the testator.</p> <p>3. In such an action it is competent for such lay witness, so qualified, to give opinion as to the capacity of the testator to understand important business matters, although the absence of such capacity need not necessarily disqualify a testator from making a valid disposition of his property. Such testimony is competent as reflecting on the testator’s power of thought and comprehension and the general strength of his mental faculties.</p> <p>4. Testamentary capacity exists when the testator has sufficient mind and memory:</p> <p>First, to understand the nature of the business in which he is engaged;</p> <p>Second, to comprehend generally the nature and extent of his property;</p> <p>Third, to hold in his mind the names and identity of those who have natural claims upon his bounty;</p> <p>Fourth, to be able to appreciate his relation to the members of his family.</p>