Walsh v. Keefe

The testimony of the witness Glidden concerning his telephone conversation with the testator which was offered by the proponent of the copy of the codicil (as to which see Gannon v. MacDonald, 361 Mass. 851 [1972]) was admissible in evidence in accordance with the principles stated in Phillips v. Chase, 201 Mass. 444, 448-449 (1909). See also Panell v. Rosa, 228 Mass. 594 (1917); Edelstein v. Old Colony Trust Co. 336 Mass. 659, 666 (1958); 8 Wigmore, Evidence § 2329, at 77 (Supp. 1975); McCormick, Evidence, § 94, at 198-199 (2d ed. 1972); Hughes, Evidence, § 166, at 174 (1961). The proponent…