Wilkinson v. Service

Dr. Hews's will left almost nothing to his only child, Wilkinson (plaintiff), leaving most of his estate instead to his sister, Service (defendant). Wilkinson contested the will as executed without sound mind and memory. At trial, Hews's lawyer testified about conversations with Hews concerning a letter from Wilkinson's husband telling Hews not to contact Wilkinson and accusing Hews of having mistreated her, along with evidence of Hews's prior wills leaving Wilkinson little and a statement that he had given Wilkinson's mother property she could pass on to Wilkinson. The jury upheld the will, and Wilkinson appealed, arguing the lawyer's testimony was inadmissible hearsay.

Whether a testator's out-of-court statements are admissible as evidence of the testator's state of mind or intentions in executing a will, even though inadmissible to prove the truth of what the statements assert.