Brief Fact Summary. A cousin, Sandford Tatham, filed suit against the estate of John Marsden seeking to set aside the will. George Wright was a beneficiary of the will and was named as a defendant. Tatham sought to prove that Marsden was not competent to create his will.
Synopsis of Rule of Law. Third party statement made out of court which imply or an opinion or statement on the matter at issue is inadmissible hearsay.
Issue. Should the letters be admitted to prove he was competent to make the will?
Held. Justice Parke issued the opinion for the Court of Exchequer Chamber in holding that the letters are inadmissible hearsay.
Discussion. J. Parke found that the letters were hearsay because they were offered to imply that Marsden was sound.