[DOWNLOAD] "Cox v. Williamson" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cox v. Williamson
• Author : Supreme Court of Montana
• Release Date : January 13, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

1. Witnesses ? Communication with deceased prior to death. Testimony as to oral communication with deceased before death may be admitted when in the sound discretion of the court injustice will be done without such testimony and whether or not such discretion was abused is a question for the appellate court. 2. Appeal and error ? Judgment presumed correct. The Supreme Court, on appeal, indulges presumption that judgment is correct, and draws every legitimate inference from the evidence to support such presumption. 3. Evidence ? Declarations against interest. Declarations against interest by deceased during his lifetime are the weakest and least satisfactory of any evidence in persuasive value. 4. Specific performance ? Proof must be clear and convincing. Before a court of equity will specifically enforce a parol contract on ground of part performance, the contract must be established to the satisfaction of court by clear and unequivocal proof. 5. Witnesses ? Purpose of dead man statute. Purpose of dead mans statute is to prevent the surviving party or - Page 513 parties from having benefit of his or their own testimony, where by reason of death of adversary, his representative is deprived of deceaseds version of the transaction or statement. 6. Witnesses ? Application of rule admitting testimony of communication with deceased prior to death. Before testimony as to oral communication with deceased prior to death is admitted other evidence must first be admitted to put the court in a position to render a ruling and this rule must not be loosely applied. 7. Wills ? Oral contract to make will. Proof of oral contract by deceased to leave property by will, must be clear, cogent, and convincing, and making of such oral contract must be established by disinterested witnesses. 8. Wills ? Evidence of intention to make a will is not sufficient. Evidence which tends to establish at most nothing more than an intention on part of testator to leave to another a certain sum of money by will is not evidence which will support an allegation of an express agreement or contract to do so. 9. Wills ? Evidence insufficient to establish contract to make will. In action against executor to recover $5,000, on ground that testator had orally contracted to bequeath that amount to plaintiff for taking care of testator, evidence was insufficient to establish alleged oral contract.

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