Baldridge v. Stribling

Citations

• 101 Miss. 666
• 57 So. 658

Syllabus

<p>1. Actions Against Estates. Witnesses. Competency. Best evidence. Foundation. Secondary evidence. Hearsay. Declarations. Against interest. Gifts. Undue influence. Validity. Code 1906, Sec. 1917.</p> <p>In a controversy between the heirs of a decedent over personal property claimed, to have been given one of them by decedent before his death, the testimony of the donee of the gift is not admissible to establish his claim to the property, since Code 1906, Sec. 1917, provides that no person shall testify as a witness to establish his own claim or defense against the estate of a deceased person, which originated during his lifetime.</p> <p>2. Evidence. Best evidence. Secondary evidence. Laying foundation.</p> <p>Even against the estate of a decedent a party in interest asserting a claim or defense may testify that she received a letter for the purpose of laying the foundation for the introduction of the letter.</p> <p>3. Same.</p> <p>A copy of a letter cannot he introduced in evidence where there is no evidence accounting for the absence of the original — nothing to show that it was lost or destroyed.</p> <p>4. Evidence. Declarations of deceased persons. Against interest. Hearsay..</p> <p>Declarations whether verbal or written made by a deceased person as to facts presumably within his knowledge, if relevant to the matter of inquiry, are admissible in evidence as between third parties.</p> <p>First. When it appears that the declarant is dead.</p> <p>Second. That the declaration was against his pecuniary interest.</p> <p>Third. That it was a fact in relation to a matter of which he'was personally cognizant.</p> <p>Fourth. That the declarant had no possible motive to falsify the fact declared.</p> <p>5. Guns. Undue influence. Burden of proof.,</p> <p>The burden of proof is upon one seeking to invalidate a gift of money inter vivos to show that the gift was induced by .undue influence and mere suspicion, however strong, is insuflicient upon which to set aside the transa