125 Mass. 474
Massachusetts Supreme Judicial Court
Decided October 24, 1878
Massachusetts Supreme Judicial Court · decided 1878-10-24
<p>In an action against an administrator for services claimed to have heen rendered his intestate by a woman who, as he contended, had lived in adultery with the intestate, a witness testified that when the widow of the intestate made a claim in the Probate Court for an allowance, the defendant objected to it on the ground that she had deserted her husband several years before his death. Held, that this evidence did not authorize the defendant to prove by the witness that the widow, in answer to this objection, said that she left her husband because of his adultery with the plaintiff.</p>
Cited by 1 later decisions — most recently February 1916
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1878-10-24
View the full empirical analysis of this case →
¶1The evidence of the statements of the defendant may have been competent as tending to prove an admission by her that the intestate’s wife was absent at the time of the services rendered him by the plaintiff. But the introduction of that evidence clearly did not warrant the proof of statements of the widow, who was not a party to this action. Her statements were mere hearsay and incompetent.
¶2 Exceptions overruled.