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 cupboard under his book-case in his private room : 1st, a letter dated in 1784, from testator’s cousin, with whom he was proved to be in correspondence in 1787: 2d, a letter dated in 1786, from M., who desired testator to direct his attorney to propose terms of agreement with A. or W. ; this letter was indorsed by testator’s attorney, long since deceased : 3dly, a letter dated 1799, from the curate of testator’s parish.
Held: that they were not admissible in evidence.
[1838] EngR 649, (1838) 4 Bing NC 489, (1838) 132 ER 877
Commonlii
England and Wales
Citing:
See Also – Wright v Doe Dem Sandford Tatham KBD 13-Jun-1837
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 . .
Cited by:
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.
Evidence
Leading Case
Updated: 10 November 2021; Ref: scu.312655
