Way v. Harriman

Citations

• 126 Ill. 132
• 18 N.E. 206

Syllabus

<p>1. Witness—competency—party, as against heirs—husband of party. The daughter of a deceased person claimed the property left by her mother, under a verbal contract to take care of the latter during her life. On a bill by the other heirs of the deceased mother, to subject the property so left by the mother to distribution among all the heirs, denying the right of the claimant under the alleged contract, it was held, that the latter was not a competent witness in her own behalf, she being a defendant, and the adverse parties claiming as heirs of her deceased mother, and also that her husband was not a competent witness in her behalf to prove the alleged contract.</p> <p>2. Evidence—degree of evidence—to charge an estate wader a parol contract. Where an attempt is made, under cover of a parol contract, to effect a distribution of the property of the estate different from that which the law makes, the proof must be clear, and the testimony must be direct and positive. Such evidence is looked on with jealousy, and should be weighed in the most scrupulous manner.</p>