Reference

Full Case Name

Edward I. Turner's Estate. Virginia Whitney's Appeal

Cited By

5 cases

Status

Published

Syllabus

Will — Legacy—Evidence. A legacy named in a will was by way of compensation for services rendered by the legatee. Shortly after the will was made the legatee said to a witness that testator had remembered her in his will, “ and that she had a notion to get her money now.” A few days afterwards she presented testator’s check at bank for an amount double the amount of the legacy. The legatee did not deny or explain this testimony although she had permission to do so. Held, that the evidence was sufficient to sustain a finding that the legacy had been paid and satisfied by testator during his lifetime. Evidence — Attorney and client — Confidential communication. In the above case one of the witnesses against the legatee was an attorney at law who had been counsel for testator for many years, and had written his will. He had also been counsel for the legatee in small matters. He testified that he went to testator’s house to see him about some business, and met the legatee at the door, who requested him to use his influence with testator to assist her in getting the amount of her legacy paid to her during testator’s lifetime, which the witness declined to do. Held, that the legatee’s communication to the witness was not a confidential communication, and that his evidence was admissible.