
    *John Hathorn and Others, Appellants, versus James King, Executor.
    On the question of the sanity of a testatrix at the time of executing her will, which was in issue to the country, the physicians were inquired of, whether, from the circumstances of the patient, and the symptoms they observed, they were capable of forming an opinion of the soundness of her mind ; and if so, whether they from thence concluded that her mind was sound or unsound; and in either case they were required to state the circumstances or symptoms, from which they drew their conclusions.
    Where the testatrix, at 11 o’clock in the morning, gave directions to her scrivener as to making her will, which she executed at 6, in the evening, and died two hours after, the jury were directed, if, at the time of giving the directions, she had sufficient discretion for that purpose, and at the time of executing the will she was able to recollect the particulars which she had directed, they might find her of sound mind at the time of executing the will.
    This was an appeal from a decree of the Probate Court of this county, approving and allowing the last will of Mary Norris, deceased. — Among the reasons of appeal, one was, that the deceased was not of sane mind at the time of executing the will, and on this an issue was formed to the country. •
    On trial it appeared that the scrivener was called in at 11 o’clock in the morning of the 21st of March last, and received from the testatrix directions as to preparing her will. She was then very ill, and continued sinking until 6 o’clock in the evening, when she executed the will, and at a quarter past 8 o’clock the same evening expired.
    The counsel for the appellants moved to inquire of the attending physicians, whether, in their opinion, at the time of executing the will, the deceased was of sound, disposing mind and memory.
    This question had been heretofore confined to the subscribing witnesses, but it was urged that the opinions of skilful physicians, who were present, were of more value, and ought to be received rather than those of the witnesses, who might possess no skill, and had but slender means of forming an opinion.
    On the other hand, it was said that the question of sanity must be determined by the conversation and actions of the party. These were the only standard. The examination proposed would put the physicians in the place of the jury.
    
      Dexter and Putnam for the appellants.
    
      Otis and Prescott for the respondent.
   Per Curiam.

The physicians may be inquired of, whether, from the circumstances of the patient, and the symptoms they observed, they are capable of forming an opinion of the soundness of her mind, and if so, whether they from * thence con-elude that her mind was sound or unsound; and in either case, they, must state the circumstances or symptoms from, which they draw their conclusions.

After the examination was finished, the evidence was minutely summed up to the jury by Sedgwick, J., and the jury were instructed by him (Sewall and Parker, justices, expressly concurring) that if they should be of opinion, that the testatrix, at the time of dictating the will, had sufficient discretion for that purpose, and that, at the time of executing the will, she was able to recollect the particulars which she had so dictated, they might find their verdict that she was of sound and disposing mind and memory at the time of executing the will. — And they found accordingly; and the will was proved, approved, and allowed by the Court.  