Estate of Murdock
Made-up Cases
32 Muc. 352 (1983)
Relevant factsFree
Sarah and Arthur's reciprocal wills each left everything to the other with remainder to their respective children from prior marriages, and after both died in the same plane crash, a witness who found Sarah already dead then heard Arthur whisper "I'm still alive" -- testimony Arthur's children (plaintiffs) sought to admit to establish he survived Sarah, which Sarah's children (defendants) successfully objected to at trial as hearsay.
IssueFree
Whether the out-of-court statement of a dying man that he is still alive is hearsay.