Jameson v. Hall

Stewakt, J. delivered the opinion of the Court. This is an appeal from the judgment of the Circuit Court for Prince George’s County, upon the trial of issues from the Orphans’ Court of that county, growing out of a caveat to the probate of the last will and testament of John O. Ames. Six issues were sent by the Orphans’ Court for trial in the Circuit Court, at the instance of the caveators, and one framed on the part of the caveatees. Two of the first were abandoned at the trial, the caveators consenting that the first and second issues should be found for the caveatees, and the issue of the caveatees was stricken out by consent at the trial.

Four of the issues, to wit: 3, 4, 5 and 6, remained for trial. The appellants here, and caveatees in the Circuit Court, have taken three exceptions to the ruling of the Circuit Court in regard to the admissibility of evidénce adduced to the jury by the caveators. ²³¹ The verdict of the jury being in favor of the caveators upon the 3d, 4th, 5th and 6th issues, the caveatees filed motions for a new trial and to set aside the verdict, with the reasons in support thereof. The Circuit Court overruled these motions, and the appellants have taken three exceptions to the ruling of the Court in regard to these motions. From the view we take of this case, it will be unnecessary further to advert to the exceptions in regard to the motions for a new trial and to set aside the verdict, because a new trial will result from our review of the three exceptions in regard to the admissibility of evidence.

We think there was error in the Circuit Court allowing the testimony of.Alfred H. Ames, “that on the 20th January, 1871, after the interment of the testator, he and O. H. Hall, both being caveators, had a consultation and determined to contest the validity of the will of the said Ames, and to employ counsel to do so,” for the purpose of showing, as was stated by the counsel for the caveators, that the caveators had never recognized the validity of the will in question. The testimony was offered, in chief, on the part of the caveators, to sustain the issues in their behalf. It was distinct and independent evidence, and not forming a part of any conversation, declaration or act of which proof had been adduced on the other side. If the other party had proved that Alfred H. Ames, one of the caveators, had acquiesced in the probating of the will, and that fact had been introduced as evidence against both or all of the caveators, that would not authorize them to introduce as rebutting testimony the declarations and acts of the caveators at a different time, to prove that they had never recognized the validity of the will.

Whilst their own acts and conduct relative to the matter in issue may be introduced against them, they cannot be admitted in their favor upon their own offer. ²³² It is surely unnecessary to refer to authority for a rule of evidence so well established,