Sec. 52-172. Declarations and memoranda of deceased persons.
Sec. 52-172. Declarations and memoranda of deceased persons. In actions by
or against the representatives of deceased persons, and by or against the beneficiaries
of any life or accident insurance policy insuring a person who is deceased at the time
of the trial, the entries, memoranda and declarations of the deceased, relevant to the
matter in issue, may be received as evidence. In actions by or against the representatives
of deceased persons, in which any trustee or receiver is an adverse party, the testimony
of the deceased, relevant to the matter in issue, given at his examination, upon the
application of such trustee or receiver, shall be received in evidence.
(1949 Rev., S. 7895.)
Applies only in favor of those who sue or defend either as personal representatives, heirs and distributees, or purchasers
by will; it does not embrace purchasers by contract. 32 C. 509; 56 C. 338; 71 C. 252; 109 C. 311. The statute is comprehensive
and does not exclude any memoranda left by the decedent. 42 C. 153; 32 C. 518; 26 C. 92. Statement in will held admissible
under the statute. 43 C. 123. Endorsement of interest on note by payee, held admissible but insufficient to prove an
acknowledgment of indebtedness. 49 C. 495. Cited. 54 C. 243. Declaration by testator as to the meaning of his will is
inadmissible. 56 C. 167; 91 C. 49. "Representatives of deceased persons" construed; declaration held inadmissible. 56 C.
106; 109 C. 311. Account books of decedent in his own handwriting are admissible; their weight is for the jury. 57 C. 479.
Entries need not refer in terms to the matter in controversy, but may be shown to be relevant aliunde. 63 C. 313. The
generality of an oral statement touching the question affects only its weight. Id., 315. An appeal from the probate of a will
is not an "action" within the meaning of the statute. Id., 413. The statute applies to a suit continued by the original plaintiff's
executor. Id., 417. Memoranda and declarations inadmissible if decedent has given a deposition covering the case. Id.,
419. The declarations must be testified to by one who heard them, and cannot be supplied by evidence of the declarations
of another person, since deceased, as to what the intestate said to him. 71 C. 581. Declarations of deceased landowner de
his continued ownership, held admissible. 72 C. 479. Does not apply where neither estate nor legal representatives are
interested; 80 C. 446; as where question is as to gift made during life; 89 C. 321; or conveyance made during lifetime. 109
C. 311. Purpose of statute includes appeal from allowance of account. 84 C. 662. Applies to statements made after action
brought; so makes all statements written or oral admissible, even though deceased could not testify to them, if alive. 86
C. 474. Does not include declarations made to deceased. 87 C. 341. Declaration of deceased landowner admissible in
support of title of devisee. 81 C. 219, 228. Statements of one killed by negligent act admissible in action by his administrator.
86 C. 422; 91 C. 728; 109 C. 238. When admissible; not for purchaser by contract. 71 C. 246; 72 C. 693; 109 C. 311.
Statement must be relevant and material. 78 C. 337. Declarations of testamentary intent not ordinarily admissible. 91 C.
47. Statements of deceased agent of party are not admissible in his behalf. 95 C. 159. Applicable to workmen's compensation
act hearings. 98 C. 649. Discretionary with trial court whether to specifically call attention of jury in charge to declarations
of deceased. 99 C. 482. This statute does not apply in contest as to title of property between alleged grantee of deceased
and grantee of her administrator in carrying out contract of deceased to sell land. 109 C. 311. Incompletely executed will
signed by defendant's intestate and conversation he had with plaintiff admissible as written memorandum and oral statements relevant to issue of whether plaintiff's services were gratuitous. 110 C. 217. But communications between deceased
and attorney and unsigned draft of new will inadmissible as privileged in suit by person not claiming under deceased. 112
C. 521. Statement by deceased contradictory to another statement by him not admissible solely to impeach his credibility,
but both statements admissible in proof of facts stated. 110 C. 540. Cited. 116 C. 729; 119 C. 551; 126 C. 605. Diary of
deceased containing detailed entries but lacking mention of sickness relevant to contradict allegations of plaintiff claiming
compensation for nursing services. 124 C. 52. Declaration is evidence of facts stated but weight is ordinarily for jury. 135
C. 248. Letter written by decedent containing statements laudatory of plaintiff, including quotation from words of another,
is admissible. 138 C. 398. A letter was held not to be admissible because the writer was not a party to the litigation. 142
C. 558. Statute broad enough to include a motion of the head of the decedent. 146 C. 129. The fact that a statement contains
an opinion does not necessarily make it inadmissible. 148 C. 510. The statute calls for a liberal interpretation. Id. Oral
declarations of the deceased are admissible under this statute. Id. Cited. 153 C. 603. Cited. 154 C. 507, 511. Cited re
constitutional separation of powers (dissent). 166 C. 501. Wife of deceased defendant permitted to testify to statements
by the deceased about the accident in issue. 175 C. 97. Cited. Id., 297. Cited. 183 C. 41. Cited. 202 C. 609. Cited. 211 C.
555. Cited. 217 C. 260. Cited. 218 C. 220. Cited. 237 C. 209. Overruled earlier holding that declarant must be representative
of a decedent; statute does allow a third party who is not an heir or other representative of decedent's estate to invoke the
statute to testify as to decedent's statements. 279 C. 558.
Cited. 3 CA 111. Cited. 13 CA 101. Cited. 30 CA 305. Cited. 38 CA 73. Cited. 46 CA 620. To deny decedent the benefit
of an evidentiary rule, such as the exclusions of offers of compromise, defeats purpose of statute. 50 CA 405. Out of court
statement of decedent not admissible when the action was not brought by official representative of deceased person. 58
CA 19. Applicability of "dead man's statute" discussed. 70 CA 477.
Hearsay declaration of deceased person must be examined with care. Trier to decide weight to be accorded it. 6 Conn.
Cir. Ct. 148, 154. Declaration admissible under life insurance contract, not under annuity contract. Id., 676.