Graves v. Graves
Supreme Court of Arkansas
Appeal from Howard Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. Appellee seeks to recover the sum of $100 of the executors of the estate of Nat Graves, Sr., deceased, for services rendered in nursing him during his last illness. The appellant resisted the payment of the claim, denying liability. The appellee proved by Rebecca Graves, the widow of Nat Graves, as follows: “Mr. Graves hired plaintiff to wait on him in his last sickness.
Read the full summary
Appeal from Howard Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. Appellee seeks to recover the sum of $100 of the executors of the estate of Nat Graves, Sr., deceased, for services rendered in nursing him during his last illness. The appellant resisted the payment of the claim, denying liability. The appellee proved by Rebecca Graves, the widow of Nat Graves, as follows: “Mr. Graves hired plaintiff to wait on him in his last sickness. Plaintiff was making a crop at his father’s place nearby, and was reluctant to come and stay with Mr. Graves. The deceased told him in my…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. A widow is a competent witness against the executor of her deceased husband, unless her knowledge of the facts was obtained through confidential communications from her husband. The statute is declaratory of the common-law rule. The statute provides: “ The following persons shall be incompetent to testify:
“Fourth. Husband and wife, for and against each other, or concerning any communication made by the one to the other during the marriage, whether called as a witness while that relation subsists or afterwards; but either shall be allowed to testify…
2Cases cited13 opinions
- Collins v. MackSupreme Court of Arkansas · 1877
- Mercer v. PattersonIndiana Supreme Court · 1872
- Smith v. PotterSupreme Court of Vermont · 1855
- Denbo v. WrightIndiana Supreme Court · 1876
- Saunders v. HendrixSupreme Court of Alabama · 1843
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lillard v. MeltonSupreme Court of South Carolina · 1915
- New York Life Ins. v. MasonCourt of Appeals for the Ninth Circuit · 1921
- Kansas City Life Ins. Co. v. JonesDistrict Court, S.D. California · 1937
- Hess v. HessIdaho Supreme Court · 1925
- Hess v. HessIdaho Supreme Court · 1925