Jacobs v. Stark

The issue of law to be decided is whether, when a party is "missing”, the testimony of a prior communication with him is inadmissible under the "Dead Man’s Statute”.

*606In the case herein, the defendant’s son has been absent for a period of some three years. The only negative “proof’ of death is that the defendant has been granted temporary letters of administration. Whether this constitutes conclusive evidence of death for all purposes is at issue here.

The plaintiff, who sues for legal fees, seeks to testify as to his own conversations and transactions with the absentee and, of course, contends…