Hebrew Home for Aged Disabled v. Friedman

Citations

• 178 Cal. 27

Syllabus

<p>Evidence—Pedigree—Declarations of Deceased Members of Family. While declarations of deceased members of the family or alleged family of a decedent on a question of pedigree, testified to by deposition on written interrogatories, through an interpreter, are properly admissible in evidence, they are extremely unsatisfactory, since the witnesses testify without any fear of incurring the penalties of perjury.</p> <p>Id.—Material Testimony Willfully False.—Where ou appeal it is conceded that two witnesses testified to a fact that was not true, if this testimony was willfully false and material, or if the trial court was justified in arriving at the conclusion that it was willfully false, then under subdivision 3 of section 2061 of the Code of Civil Procedure the testimony of these witnesses might have been entirely disregarded by the trial court.</p> <p>Id.—WlLLFULLNESS OF FALSE TESTIMONY-QUESTION FOR THE TRIAL Court.—The question whether false testimony as to a material fact was willfully false or an honest mistake due to misinformation was exclusively for the trial court.</p> <p>Estates of Deceased Persons—Findings as to Absence of Kinship— Evidence Sustaining Findings.—In a proceeding to determine the rights of persons claiming to be heirs and next of kin of a deceased person under seetion 1664 of the Code of Civil Procedure, evidence examined and found sufficient to support a finding that certain claimants were not of kin to the deceased.</p> <p>Id.—Appeal—Errors not Assignable by One not of Kin.—Where claimants are properly found not to be of kin to the deceased, they are not interested in other questions involved in the decree, and cannot be heard to urge error in the decree in favor of other claimants or in the evidence in support thereof.</p> <p>Id.—Existence of Heirs—Presumption.—While there is a very strong presumption that a decedent' did leave heirs, this presumption is merely a recognition of the ordinary course of nature, and there is no presumption of l