The daughter of the decedent did not prove ownership of precious metals that were in the decedent’s home at the of his death because she was the only witness to an alleged gift by the decedent to her during her … Continue reading
Tag Archives: Dead man’s rule
Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10. The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading
Agent under power of attorney filed account that included $480,515 in gifts to family, which sister of agent (and one of two beneficiaries under decedent’s will) objected to gifts as beyond the Agent’s power and under Section 5601.2(e) pertaining to … Continue reading
Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent. Applying principles similar to those that apply to wills, … Continue reading
In dispute with estate over ownership of watch, the person in possession of the watch cannot testify as to the alleged gift because of the Dead Man’s Act, but the mother of the alleged donee can testify. Jamack Estate v Reis, … Continue reading
Prenuptial agreement and probated will upheld in declaratory judgment against widow’s claim of modification of prenuptial agreement, because widow did not prove modification through clear and convincing evidence and she is barred from testifying because of Dead Man’s Rule. Tuscano … Continue reading