157 Ga. 690 | Ga. | 1924
1. The grounds of the caveat numbered three, four, and six as amended were stricken on demurrer, and no exception was taken to the judgment.
2. The grounds of the motion for new trial numbered four, eight, thirteen, fourteen, and sixteen are incomplete and not 'sufficiently definite to present any question for decision.
3. In the fifth, sixth, and twelfth grounds of the Inotion for a new trial, error is assigned on rulings of the court refusing to allow questions propounded to a witness for the propounder on cross-examination, seeking to elicit the opinion of the witness as to the reasonableness of the testator’s disposition of his property. The court properly refused to allow the questions, because the information sought to be elicited is not a proper subject for opinion evidence, Owen v. Groves, 145 Ga. 287 (3)
4. In the seventh and eleventh grounds of the motion for a new trial complaint is made of the rejection from evidence of a certified copy, from the court -of ordinary of Madison County, of the entire record in a proceeding instituted by the mother of the eaveatrix, to remove the testator as guardian of the eaveatrix, based on the ground of ineompetency. B'eld, that this record related to matter included in the third ground of the caveat that was stricken on demurrer, to which no exception was taken; and it appears from the record that was tendered, that a compromise judgment was rendered that did not show an adjudication that the guardian was incompetent. If there was any error in rejection of the evidence, it was not cause for a reversal.
5. The ninth ground of the motion for a new trial complains of the refusal of the court to allow the mother of eaveatrix as a witness for eaveatrix, on direct examination, to answer the question: “What was the state of Mr. Colbert’s feelings towards you after your proceeding to have him removed?” This ground fails to state what answer the witness would have made had she fceen permitted to testify; and consequently no question is presented for decision. If the anticipated answer had been stated and would nave been relevant, it related to a matter that was included in the sixth ground of caveat that was stricken on demurrer, and no exception was taken.
6. The tenth ground of the motion for new trial complains of the rejection of questions and answers propounded on direct examination to the mother of eaveatrix: Q. “You say that he was a strong hater and a strong lover?” A. “I think so.” Q. “Did he ever get over a hate that he had.” A. “I don’t think he did. I am not sure, but I don’t think he did.” Beld, that it was not error to reject this proffered evidence. If the answers were relevant, they related to the matter that was included in the sixth ground of the caveat that was stricken on demurrer.
7. The fifteenth ground of the motion for new trial complains of questions propounded on direct examination to a witness for the eaveatrix: “Q. ‘In 1914, what was your knowledge of Mr. Colbert; I will get you to state whether or not, in his condition that he was in then, if he was capable of bringing in mental review with approximate accuracy his family relations and of comprehending claims and relations naturally suggested by such review?’ Beld, that this ground is incomplete, because it fails to disclose what answer the witness would have given if he had been permitted to testify, and consequently does not present any question for decision.
8. The remaining grounds of the motion for a new trial relate to alleged newly discovered evidence. As to two of the persons who it was alleged would give testimony as to new facts, there were counter-affidavits attacking them as unworthy of belief. The remaining person would only give opinions as to mental incapacity of the testator, based on declarations showing his hatred of the mother of eaveatrix several years after the will was executed.
9. The subscribing witnesses to the will all gave definite testimony to the effect that the testator was of sound mind at the time the will was exe
Judgment affirmed.