MATTER OF VICKERY


167 A.D.2d 828 (1990)

In the Matter of The Estate of Florence W. Vickery, Deceased. John P. Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1990


Order unanimously affirmed without costs.

Memorandum:

The Surrogate erred in permitting a lay witness to express her opinion concerning the mental competence of the testatrix. It is well established that an ordinary witness may describe the acts of a person whose sanity is in question and state whether those acts impressed her as rational or irrational, but that an ordinary witness, other than a subscribing witness to the will, may not render an opinion whether...

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