Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 37

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... or advisable to pass upon the first conten-tion. VV=hcre a witness is rendered incompetent under sction 486, such incompetency only extends to, and forbids his testifying for the purpose of, proving a "transaction with or statement by the testator or intestate," as the basis of a claim for or agaiast some party claiming un-der deceased; that evidence of statements made by deceased, when they amount to "verbal" acts, may be received upon the question of the testamentary capacity of deceased. Of course, when permitting such evidence to go before a jury, it should be fully instructed as to the purpose for which it is to be received-that it is not a question of the truthfulness of the statement that they are to determine, but whether the statement was made and, if made, its probative force upon the question of testamentary capacity. When-We consider' the evident purpose of the enactment of said section 486, it is patent that it was not to exclude evidence of this kind either in any action or in any other proceeding. As was said in Grimshaw v. Kent, 67 Kan. 463, 73 Pac. 92: "In response to the issue raised' as to the mental ca-pacity of deceased at the time of the execution of the contract, after proof of the execution of the contract by deceased had been made, an-d after it W315 shown by defendants that deceased had lived for some time prior to the execution of the contract at the home of defendants, defendant was asked, 'V/hat can you say. from your association with her, your observation of her conduct, and your conversation with her, as to her mental condition?' To this question an objection was interposed, and the answer thereto excluded. Defentlant was asked, 'During the time of...
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Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236884906
  • 9781236884909