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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 166   View pdf image (33K)
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166 HIGH COURT OF CHANCERY.
reason is perceived why the circumstance of his being a sub-
scribing witness, should make a difference. The declarations,
as proved by Cole, are still merely hearsay, not offered as in
the case cited from 9 Barr, 151, to disprove that which the
proof of the handwriting of the deceased attesting witness
established, to wit, that the testator was sane, but to prove
another fact with which the proof of the handwriting of the
witness had no connection one way or the other. The proof
of the declarations, therefore, is not offered to contradict, or
impeach, or lessen, the weight due to the attestation, but to
get up a distinct and independent fact, with which the attesta-
tion has nothing to do. I cannot think it would be judicious
or safe to make this a further exception to the general rule,
which excludes hearsay evidence. The reasoning of the Su-
preme Court of Pennsylvania shows the importance of caution
In breaking in upon the general rule. In that reasoning, and
the vigilance and strictnesa which it inculcates, I entirely con-
cur, and without the most apparent and urgent necessity, I
should not be willing to introduce another exception.
For these reasons, and without going into an examination
of all the proof, or dwelling on circumstances, from which
strong presumptions arise against the complainant's title to
relief, I am of opinion his bill cannot be supported, and shall
sign a decree accordingly.
CORNELIUS McLEAN, for Complainants.
A. RANDALL, for Defendants.
[No appeal was taken in this case.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 166   View pdf image (33K)
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