Wigley v. Whitten
| Decision Date | 15 November 1954 |
| Docket Number | No. 5849,5849 |
| Citation | 78 Ariz. 88,276 P.2d 517 |
| Parties | Jesse Floyd WIGLEY, Guardian of the Estate of John R. Wigley, an incompetent person, Appellant, v. Guy R. WHITTEN and Ardella D. Whitten, his wife, Appellees. |
| Court | Arizona Supreme Court |
Sharon Stanford and Robert R. Weaver, Phoenix, for appellant.
Johnson & Shelley, Mesa, for appellees.
John R. Wigley, being the owner of 40 acres of farming land and having leased the same to Guy R. Whitten and Ardella D. Whitten, his wife, appellees herein, for a term ending May 1, 1955, sold and conveyed the property to appellees for a total consideration of approximately $11,970. The transaction was handled through H. G. Kerby's real estate office in Chandler, Arizona. Thereafter the purchaser spent some $4,986 in permanent improvements on the premises. Prior to this transaction Mr. Wigley had contracted to sell the property to another party for considerably less.
Subsequent to the sale to appellees, Mr. Wigley's son, hereinafter designated appellant, caused himself to be appointed guardian of his father's estate and, demand for reconveyance having been rejected, brought suit to set the conveyance aside upon the ground that his father was mentally incompetent to sell and convey the property. The matter was tried before a jury and one interrogatory was submitted inquiring of the jury whether Mr. Wigley was capable of understanding the nature and consequences of his act when he signed the deed. The jury answered the interrogatory in the affirmative. The court adopted the finding of the jury and rendered judgment for the defendant-appellees. The guardian appeals and presents as assignment of error (1) that the court refused to permit certain lay witnesses to state their opinions concerning the mental competency of the ward, and (2) that the undisputed evidence established incompetency.
Appellant offered Albert Bernard as a witness who, after stating that he had known Mr. Wigley all the witness' life and that he had occasion to talk to him quite a few times (it not appearing when), said he had formed an opinion as to his mental competency. The witness was then asked whether he thought Mr. Wigley 'understands the nature of his acts'. Objection was made to the witness giving his opinion upon the ground it called for a conclusion and that 'he is not a qualified man to state an opinion'. This objection was sustained. Thereafter, appellant made an offer of proof by several lay witnesses wherein it was avowed that such witnesses, if allowed to testify, would testify that they had known John R. Wigley for many years; that they observed his conduct; that they were well acquainted with him on the date the deed was executed; and that in their opinion he was mentally incompetent and could not understand the nature or consequences of the act of signing a deed. Objection to such offer was made upon the ground, among others, that no foundation was laid. This objection was sustained.
Undeniably a lay witness, if he can meet the qualifications prescribed by law, may give his opinion concerning mental competency. Sapp v. Lifrand, 44 Ariz. 321, 36 P.2d 794; In re Wagner's Estate, 75 Ariz. 135, 252 P.2d 789. Before such opinion may be given, there are certain qualifications and foundational prerequisites that must be shown. The general rule setting forth the requirements to qualify a lay witness to give an opinion concerning mental capacity is well stated in 20 Am.Jur., Evidence, section 853, page 715, as follows:
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State v. Centeno-Sarabia
...608. Nor do they preclude testimony about a witness's ability to perceive, remember and recount events. See Wigley v. Whitten, 78 Ariz. 88, 90, 276 P.2d 517, 519 (1954) ("Undeniably a lay witness, if he can meet the qualifications prescribed by law, may give his opinion concerning mental co......
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Purton's Estate and Guardianship, In re
...its face value, without indulging in speculation as to the reasoning employed in reaching this particular result. See Wigley v. Whitten, 78 Ariz. 88, 276 P.2d 517 (1954), opinion adhered to 78 Ariz. 224, 278 P.2d 412 Being satisfied that the order from which appeal is taken did not make any......
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State v. Robison, 1501
...acts, conversations and conduct of the person whose sanity is in question upon which he bases his opinion. Wigley v. Whitten, 78 Ariz. 88, 276 P.2d 517 (1954); State v. Eisenstein, 72 Ariz. 320, 235 P.2d 1011 (1951). * * * * * * * * 'The defendant also assigns as error the fact that the cou......
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State v. Griffin
...acts, conversations and conduct of the person whose sanity is in question upon which he bases his opinion. Wigley v. Whitten, 78 Ariz. 88, 276 P.2d 517 (1954); State v. Eisenstein, 72 Ariz 320, 235 P.2d 1011 (1951). In State v. Coey, 82 Ariz. 133, 309 P.2d 260 (1957) we 'The rule is well se......