Loetsch v. New York City Omnibus Corp.

52 N.E.2d 448 (1943)

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Nature of the Case

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Facts

Counsel for D offered into evidence the will of the decedent dated December 2, 1940, for the purpose of proving the statement of the decedent with respect to her relations with her husband. The decedent stated that the husband reciprocated her tender affections with acts of cruelty and indifference and that he had failed to support her and maintain her in that station of life which would have been possible for him. He got one dollar. The will was made four months prior to the death of the wife. P objected to the admission of the will. D objected, lost the verdict, and appealed.