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Dead Persons Statute

Dead Persons Statute. Issue. Can evidence of what testator said or did be used as evidence in will litigation?. Texas Rule of Evidence 601(b). 1. Only parties to the lawsuit might fit within the rule. Texas Rule of Evidence 601(b).

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Dead Persons Statute

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  1. Dead Persons Statute

  2. Issue • Can evidence of what testator said or did be used as evidence in will litigation?

  3. Texas Rule of Evidence 601(b) • 1. Only parties to the lawsuit might fit within the rule.

  4. Texas Rule of Evidence 601(b) • 2. Applies only if action by or against a personal representative.

  5. Texas Rule of Evidence 601(b) • 3. Only oral statements of the testator are covered (not actions).

  6. Texas Rule of Evidence 601(b) • 4. Exceptions: • Corroborated, or • Called by opposite party to testify.

  7. Texas Rule of Evidence 601(b) • 5. Examples • Note 3, p. 242

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