Anderson v. Irwin

Citations

• 101 Ill. 411
• 1882 Ill. LEXIS 101

Syllabus

<p>1. Evidence—primary and secondary. It is a familiar rule that no evidence will ‘be received of a fact which, from its very nature, shows there might be better evidence to such fact, without first satisfactorily accounting for the absence of the higher order of evidence. The counterpart of this rule is, that the law is satisfied where the fact sought to be established has been proven by the best evidence of which, in its nature, it is susceptible.</p> <p>2. Same—degree of proof against one who destroys written evidence. Where one deliberately destroys, or purposely induces another to destroy, a written instrument of any kind, and the contents thereof subsequently become a matter of judicial inquiry between the spoliator and an innocent party, the latter will not be required to make strict proof of the contents of such instrument in order to establish a right founded upon it. In such ease, slight evidence will suffice.</p> <p>3. So, where a will duly executed and attested was destroyed, with the connivance of a part of the heirs of the testator, and no copy appearing to be in existence, in a suit by a devisee not a party to such destruction, it was held, that the latter was only required to show, in general terms, the disposition which the testator made of his property by the instrument, and that it purported to be his will, and was duly attested by the requisite number of witnesses.</p> <p>4. Wild—evidence as to sanity of testator. On a bill to establish a will destroyed after the testator’s death, proof of the sanity of the testator is not indispensable in the absence of any proof that he was not in Ms sound mind, and in such case the disposition made by him of his property may of itself afford sufficient evidence of Ms sanity.</p>