Wiseman v Lockhart Wiseman.

Factual and Procedural Background

This opinion concerns a reduction of a disposition made on the death-bed of the granter. The issue arose regarding the admissibility of women witnesses to prove an allegation that the granter was not of sound judgment at the time of the disposition. The court considered the matter in the absence of a penuria testium (lack of witnesses).

Legal Issues Presented

1. Whether women witnesses are admissible to prove that the granter was insane or lacking mental capacity at the time of making a death-bed disposition.
2. Whether the absence of penuria testium affects the admissibility of such witnesses.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The court reasoned that women witnesses were not admissible to prove an allegation of the granter's insanity or lack of judgment in a death-bed disposition when there was no penuria testium. The principle is that such witnesses may only be admitted in the exceptional circumstance of a lack of other witnesses. Since no such lack was shown, the testimony of women witnesses was not sustained.

Holding and Implications

The court did not sustain the testimony of women witnesses to prove the granter's alleged insanity in the death-bed disposition due to the absence of penuria testium.

The direct effect is that the reduction of the disposition on the ground of insanity was not supported by the evidence presented through women witnesses. No broader legal precedent was established beyond reaffirming the existing rule on witness admissibility in this context.