Wright v. Doe D. Tatham, 7 Ad. & El. 313 (1837) p.148

SUBJECT

hearsay

FACTS

An heir at law sought to set aside the testator's will on the ground that the testator was mentally incompetent at the time he made the will. At the trial the beneficiary attempted to prove the testator's competency by offering several letters written to the testator. Tried to imply that no one would have communicated unless they were in their right mind. In one of the letters the writer described a voyage to Virginia and the conditions he encountered there.

RULE

If out of court statement is offered to prove the truth of the assertion then it is hearsay.

RATIONAL

The intended assertion was not that I believe the recipient of the letter is competent. Under old English rule this would be hearsay. Under our modern law this would not be considered hearsay because it was not an intended assertion.

Created on: Tuesday, September 28, 1999 at 10:12:18 (PDT)