References: , [1838] EngR 710, (1838) 5 Cl & Fin 670, (1838) 7 ER 559
Links: Commonlii
On a question of the competence of a party to make a will, letters written to that party by person since deceased, and found (many years after their date) among his papers, are not admissible in evidence without proof that he himself acted upon them.
This case cites:
- See Also – Wright -v- Doe Dem Sandford Tatham KBD (, Commonlii, [1837] EngR 853, (1837) 7 Ad & E 313, (1837) 112 ER 488)
The court was asked as to the understanding of th edeceased when he made his will. Letters, found in the house, were produced and the court now asked whether they could be used in evidence.
Held: such letters were not admissible unless . . - See Also – Wright -v- Doe Dem Tatham HL (, Commonlii, [1838] EngR 649, (1838) 4 Bing NC 489, (1838) 132 ER 877)
In an issue on the sanity of a testator, who made his will in 1825, the devisee offered in evidence the following letters of deceased persons, which were found open, and addressed to testator, with other papers bearing his indorsements, in a . .
