Jackson v. Johnson

Citations

• 126 Miss. 26
• 88 So. 410

Syllabus

<p>1. AVitnesses. Party to suit involving estate of decedent incompetent when claiming under contract with decedent.</p> <p>AVhere a part\\of the estate of a deceased person is the subject-matter of the litigation, a party to the suit is incompetent to testify to his contract with the deceased, by virtue of which contract he is claiming a part of this estate. This testimony is incompetent, though the suit is not between him who would testify and the administrator or executor of the deceased person, but extends to every assertion of such right by a party to any part of the estate' left by a deceased person and claimed by such party by reason of an alleged contract between such party and the deceased person.</p> <p>2. Evidence. 'When declarations by decedent are admissible as between third persons stated.</p> <p>Declarations made by a deceased person as to facts presumably within his knowledge, if relevant to the matter of inquiry are admissible in testimony as between third parties, first, when it appears that the declarant is dead; second, that the declaration was against his pecuniary interest; third, that it was'a fact in relation to a matter of which he was personally cognizant; fourth, that the declarant had no possible motive to falsify the fact declared.</p>