Dorsey v. Warfield

Le Grand, C. J., delivered the opinion of this court. This is an appeal from an order of the orphans court for Howard county, annulling letters of administration previously granted to Kitty Warfield on the personal estate of her deceased brother, Fielder Warfield, and also revoking and annulling the probat which' had been allowed of a- paper purporting to be the’ last will of said decedent. It appears from the record that Fielder Warfield executed his last will and testament on the'27th day of February 1847, and that, after notice to the only heirs at law of the testator, Mortimer Dorsey, the executor named in the will, presented it to the orphans court on the 17th day of March 1847, when,upon the testimony of two of the attesting witnesses, it was admitted to probat. Mortimer Dorsey renounced his executorship, when, upon the recommendation of the three eldest sisters of the testator, letters of administration cum testamento ⁷³ annexo were granted to the remaining sister on the 18th of May 1847, who proceeded to discharge the duties of administration, by taking an inventory, passing sundry accounts, paying debts, &c., &c.

On the 9th March 1852, nearly five years after letters of administration had been granted to Kitty Warfield, a caveat to the will was filed by the appellees, praying that the probat of the same be revoked and annulled, upon the ground that the said will had been procured by fraud, misrepresentation and undue influence. This caveat was answered by Mortimer Dorsey and by Kitty Warfield, the first denying all the grounds of objection set out in the caveat, and the other without admitting or denying them. At the hearing of the cause before the orphans court the appellants proved, by two of the subscribing witnesses, that they had been requested by the testator to witness his will, and that he was in his usual state of mind, as much so as when in health; and also proved by his attending physician, that he had known the testator from the time he was fifteen years of age up to that of his death, and that he was, in his judgment, perfectly competent to transact any common business, and had sufficient mind, memory and understanding to make a valid deed or contract. This opinion of the physician and subscribing witnesses was corroberated by a large number of witnesses, who bad known the testator for a great length of time, and who had enjoyed ample opportunity to forma correct opinion as to the condition of his mind.

To rebut this, witnesses were examined on behalf of the caveators. We do not deem it essential to set out in detail the testimony of each witness; it is sufficient to say, that among those examined on the part of the caveators there were no professional characters—¡that is physicians—and that nearly all of them simply gave their opinion of his mental incapacity without assigning the facts from which that opinion was deduced. In regard to these opinions, unsupported by circumstances, there can be no doubt they were wholly inadmissible, as they did not come from professional experts. Brooke, et al., vs. Towns ⁷⁴ hend, 7 Gill, 10 .

So far as the testimony of those who gave the facts on which their opinion was founded is concerned, it appears to us to be wholly insufficient to overcome the legal presumption, that all men are sane until the contrary be shown, or to disprove the strong and positive evidence of the witnesses who testified to the soundness of the memory and understanding of the testator. Some of the facts given by the witnesses in support of their opinion of the unsoundness of the mind of the testator, are perfectly futile—for instance, a difference in political opinion from the witness, or want of knowledge of the good qualities of a horse. If every man is to be deemed insane