Kimball v. Currier

Massachusetts Supreme Judicial Court

Kimball v. Currier

71 Mass. 458

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1855

StatusPublished

This text of 71 Mass. 458 (Kimball v. Currier) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimball v. Currier, 71 Mass. 458 (Mass. 1855).

Pincite

Opinion

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.

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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.

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Bluebook (online)

71 Mass. 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-currier-mass-1855.