Brief Fact Summary. Mrs. Sallie Hillmon (“Mrs. Hillmon”), upon the death of her husband, sought to collect on three insurance policies insuring his life. The insurance company defended on the grounds that Mr. Hillmon was not actually dead.
Synopsis of Rule of Law. Whenever a person’s intention is of itself a distinct and material fact in a chain of circumstances, it may be proved by contemporaneous oral or written declarations of the party.
Issue. Whether the testimony of third parties regarding letters received from Mr. Waters should have been allowed into evidence?
Held. Yes. The letters were the natural proof of Mr. Waters’ intention to travel from Wichita to Crooked Creek with Mr. Hillmon on a certain day. The letters were admissible as evidence of the fact that he had the intention of going from Wichita and of going with Mr. Hillmon.
Discussion. The statements are admissible to show the state of mind of Mr. Waters, and to show his intent to do certain acts. These things are not provable by any other testimony, as Mr. Waters himself is unavailable to testify at trial.