Lane v. Moore
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Nathan W. Fellows, for the conversion of a promissory note. At the trial in the Superior Court, before Mason, J., it appeared that the intestate died on December 10,1887, at the age of eighty-four years and four months; that for several years before his death he had not worked at his trade, which was that of a blacksmith and stone-cutter; that from May 1, 1884, until his death, the defendant, who was the son of a niece of the…
Read the full summary
Tort, by the administrator of the estate of Nathan W. Fellows, for the conversion of a promissory note. At the trial in the Superior Court, before Mason, J., it appeared that the intestate died on December 10,1887, at the age of eighty-four years and four months; that for several years before his death he had not worked at his trade, which was that of a blacksmith and stone-cutter; that from May 1, 1884, until his death, the defendant, who was the son of a niece of the testator, acted as his business manager and adviser, and was the custodian of his title deeds and bank-books. The defendant,…
1Opinion of the Court
0. Allen, J.
The only question argued is as to the competency of the declarations made by the plaintiff’s intestate after the time of the alleged gift to the defendant. Where the *90mental condition of a person at a particular time is in issue, his appearance, conduct, acts, and declarations, after as well, as before the time in question, have been held admissible in evidence if sufficiently near in point of time, and if they appear to have any tendency to show what that mental condition was. The question has usually arisen in cases involving the validity of wills, but the principle is the same…
2Cases cited13 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. AbbottMassachusetts Supreme Judicial Court · 1881
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. DelValleMassachusetts Supreme Judicial Court · 1966
- Luis v. MuhrbackOregon Supreme Court · 1907
40 more not listed; retrieve them via the Exa API.