Presbyterian Church v. Bevan

Citations

• 24 Ohio C.C. Dec. 318
• 17 Ohio C.C. (n.s.) 275

Syllabus

<p>EVIDENCE — WILLS.</p> <p>1. Unqualified Opinions as to Sanity of Testator by Nonexpert Witnesses Incompetent.</p> <p>The opinions of nonexpert witnesses as to the sanity of a testator are incompetent, where such witnesses do not qualify by giving the facts coming under their observation upon which their opinions are based.</p> <p>2. Answers to Hypothetical Questions Submitted to Expert Witnesses Should be Based on Facts Testimony Tends to Prove.</p> <p>While it is not necessary that hypothetical questions submitted to expert witnesses should be based on conceded facts or be stated in the language of the witness, replies to such questions are incompetent where the questions are not based on facts which the testimony tends to prove.</p> <p>3. Delusion of Testator as to Foreign Missions, not Controlling in Making Will, not Lack of Testamentary Character.</p> <p>Lack of testamentary capacity is not shown by evidence of a religious conviction on the part of the testator upon the subject of foreign missions, where his delusion with reference thereto, if any existed, did not control the making of his will, but on the contrary he disposed of his property without reference to foreign missions except and in the event of his son and only heir dying without issue.</p> <p>[Syllabus by the court.]</p>