Boynton v. Turner
Massachusetts Supreme Judicial Court
Trespass for driving a stage-coach against the chaise of William Boynton, the plaintiff’s intestate, .and upselling and breaking it, &c. Trial was bad upon the general issue at the last April term in this county, before Putnam, J. To maintain the issue on the part of the plaintiff, she offered Stephen Boynton as a witness.
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Trespass for driving a stage-coach against the chaise of William Boynton, the plaintiff’s intestate, .and upselling and breaking it, &c. Trial was bad upon the general issue at the last April term in this county, before Putnam, J. To maintain the issue on the part of the plaintiff, she offered Stephen Boynton as a witness. The defendant objected to his admission, on the ground that he was a son and one of the heirs of the intestate, and so interested to increase the fund to be distributed. The plaintiff then produced a release from the said Stephen, granting to her all his proportion and…
1Opinion of the Court
Curia.
On the question of the competency of the witness, wc were at first in some doubt. The case of White vs. Derby would have governed us, but for the release made by the witness in this case. But it has be enargued, that, notwithstanding this release, the witness’s share of his father’s real estate may be lessened. There is much ingenuity in this reasoning, but it cannot prevail. Having discharged himself from all direct and immediate interest in the cause, he must be considered as a competent witness, unless it were in evidence that the intestate left real estate, and that it would be…
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