186 Iowa 928 | Iowa | 1919
I. The will in question was executed April 17, 1908, and filed for probate February 17, 1916. The proponent is the surviving widow of the testator, and the contestants are his daughters and only heirs at law. Testator was possessed of considerable property, and, shortly after the will was executed, was, upon hearing before the commissioners of Clay County, committed to the asylum at Cherokee, where he remained until his death. The question of the sufficiency of the evidence to sustain the verdict is not involved.
III. Counsel also contend that some of the witnesses were permitted to express their opinion upon the ultimate question to be determined by the jury. Some of the questions answered by the witnesses were of doubtful competency; but we are inclined to the opinion that, if error was committed in this respect, it was not prejudicial. But see In re John’s Will, 184 Iowa 416; and cases cited.