Carr v. Radkey

In a will contest alleging the testator, Hewlett, lacked testamentary capacity due to unsoundness of mind, the state (defendant, on behalf of proponents of the will) sought to introduce a mental-health expert's opinion that Hewlett's actions were consistent with a sound mind; the trial judge excluded the testimony as improperly invading the jury's province on the ultimate issue, the jury found Hewlett incapacitated, and the appeals court affirmed before the state appealed.