(Download) "In Re Roeder''s Estate" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: In Re Roeder''s Estate
- Author : New Mexico Supreme Court
- Release Date : January 11, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The first and leading question presented to this court for determination is, as counsel has pointed out, one of first impression in this court; whether hearsay testimony is admissible in evidence as to declarations of the decedent to corroborate physical evidence of a change in the terms of the testator's will. It is conceded by contestants that the evidence in question is hearsay, being in the nature of extra-judicial statements offered to prove the truth of the matter asserted therein. Admittance in evidence under the established rules relating to hearsay testimony must, therefore, be gained through some exception to the hearsay rule. Appellants point out that the two bases which underlie all exceptions to the hearsay rule are "necessity" and "circumstantial guarantee of trustworthiness". If, then, this hearsay testimony was properly admitted, it must be supported either because of "necessity" or "circumstantial guarantee of trustworthiness", or both. It is upon the issue of whether these tests are met that counsel differ. Appellees feel that the "necessity" does exist because the declarant himself is dead and unable to testify. This is questioned by appellants who point out that there are many situations in which similar "necessity" exists, as in cases of dying declarations in non-homicide cases and self-serving declarations of persons since deceased or otherwise unavailable to testify, where the declarations are not admitted.