Massachusetts Supreme Judicial Court, 1855

Kimball v. Currier

Kimball v. Currier
Massachusetts Supreme Judicial Court · Decided November 15, 1855 · Shaw
71 Mass. 458

Counsel

S. H. Phillips, for the defendant., O. P. Lord, for the plaintiff.

Kimball v. Currier

Opinion of the Court

Shaw, C. J.

The declarations of the wife, as to the condi ■ tion of the mind of her husband, were clearly inadmissible and incompetent evidence. They tended to qualify no act done. They were the statements of one who, for aught that appears, might have been called as a witness to testify on oath. The proof of the fact that the witness went to the testator’s house seems immaterial; but if material, the answer of the wife was merely hearsay.

Exceptions sustained.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.