190 Iowa 586 | Iowa | 1920
‘ ‘ The appellee, in rebuttal, called a witness who was a neighbor and familiar acquaintance of Mr. and Mrs. Vivian, and asked her to state ‘what the condition of his mind was as to whether he was easily influenced or not,’ to which she replied that she ‘never thought so.’ This was a colloquial mode of stating her opinion as to the testator’s mental condition, and
See In Re Sparks’ Estate, 198 Mich. 421 (164 N. W. 267). Such testimony is in the nature of a conclusion, being practically incapable of proof in any other manner. As said in Yahn v. City of Ottumwa, 60 Iowa 429:
“It is competent for a witness to testify to his conclusion, when the matter to which the testimony relates cannot be produced or described to the jury precisely as it appeared to the witness at the time.”
This decision has been followed in eases too numerous for citation. A party would experience much difficulty in adducing proof of facts from which the possession of mental characteristics might be inferred, and we are of opinion that those who are qualified from long acquaintance or association may testify to mental characteristics involved in the action.