Kimball v. Currier

Shaw, C. J.

The declarations of the wife, as to the condi ■ tion of the mind of her husband, were clearly inadmissible and incompetent evidence. They tended to qualify no act done. They were the statements of one who, for aught that appears, might have been called as a witness to testify on oath. The proof of the fact that the witness went to the testator’s house seems immaterial; but if material, the answer of the wife was merely hearsay.

Exceptions sustained.