2 U.S. 95 - Galbraith's Lessee v. Scott — 2 U.S. 95

How this case has been cited

Cited by 4 later decisions — most recently October 2020

1 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1IN this cause, it appeared that a devise had been made of certain premises to A, provided, if he aliens it to any other person than his brother’s children, he should pay one fourth part of the purchase money to the testator’s residuary legatee. The present ejectment was depending between the devisee, and one claiming paramount to the devise; and the residuary legatee, was offered as a witness on behalf of the plaintiff.

¶2It was contended by

¶3Bradford and Chambers, for the defendant,

¶4that the witness ought not to be admitted: And they cited 2 Cun. Law, Diet. 3 Burr. 1856. 11 Mod. 225. 2 Wils. 332. 1 Stra. 507. Bull. N. P. 279., 1 Stra. 575.

¶5On the contrary,

¶6Wilson and Yeates maintained the competency of the witness.

¶7Cro. J. 460. Hob. 170. Moore. 881. 1 Salk. 283. Bull. 279. 286. Theory of Evid. 225.

¶9By the Court:

¶10—The interest of the residuary legatee is, in this Case, so very remote, that we cannot presume it will have any bias upon his mind. He must, therefore, be admitted as a competent witness; leaving his credibility to the Jury.