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 connected in evidence witb some act done by the testator.
Citations:
[1837] EngR 853, (1837) 7 Ad and E 313, (1837) 112 ER 488
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Wright v Doe Dem Tatham HL 22-May-1838
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 . .
See Also – George Wright v Sandford Tatham 7-Jun-1838
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Evidence
Updated: 16 August 2022; Ref: scu.313970