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Wright v. Doe d. Tatham

Court of Exchequer Chamber

112 Eng. Rep. 488 (1837)

Relevant factsFree

Wright (defendant), a servant who inherited valuable property under Marsden's will, was accused by Marsden's heir Tatham (plaintiff) of fraudulently procuring the will from a man allegedly too mentally incompetent to manage his affairs. To prove Marsden's competence, Wright offered three letters written to Marsden by since- deceased authors, each addressing him respectfully as a rational, competent adult — offered to imply the writers' belief in Marsden's competence.

IssueFree

Whether evidence that implies the statement or opinion of a third person, offered to prove the truth of the matter in issue, is inadmissible as hearsay.

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