Estate of Murdock
Made up case
- Murdock and his wife were in a plane crash. The first responder saw that the wife was dead, and heard Murdock say, “I’m alive.” Soon after Murdock died.
- For inheritance purposes, it was important who died first.
- The Trial Judge excluded the evidence about Murdock’s statement as hearsay.
- The Appellate Court overruled.
- Basically, the veracity of Murdock’s statement was not at issue. But the simple fact that he made it proved that was indeed alive.
- If Murdock had said, “my enemy tampered with my airplane,” that would not be admissible as proof of the enemy’s guilt because it was hearsay.
- See FRE 105, which covers limited admissibility.