Supreme Court of Pennsylvania, 1889

Keating's Appeal

Keating's Appeal
Supreme Court of Pennsylvania · Decided January 7, 1889
2 Monag. 4; 17 A. 207; 1889 Pa. LEXIS 1391

Keating's Appeal

Opinion of the Court

Per Curiam,

After a careful examination of the testimony in this case, we fail to discover proof of testamentary incapacity in Michael McCullough at the time he made his will. There is evidence in abundance that, at that time, he was old, intemperate and irascible, but none of any consequence that he was mentally unfitted to dispose intelligently of his property.

Decree affirmed at costs of appellant.

Note. — In Good v. Good, 1 Mona. 718, an expert witness was allowed to express an opinion, based upon the testimony in chief of another expert, without reading the cross-examination, such testimony being .in the nature of an hypothetical question.

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