4 Pa. 456 | Pa. | 1846
(after stating the general features of the case.)—Before considering the facts and the law of the case-, it may be observed, that the alienees in the deed of John Williamson, deceased, who are the appellees or respondents in this proceeding, do
A great part of the difficulty is owing to the nature and character of part of the testimony in the cause,-that is, the evidence of Adam' B. Williamson, one of the defendants, who was, with the other defendants, examined at the instance of the complainants. The counsel for the respondents contend, that the' testimony of Adam ought, under the circumstances, to.be considered as an answer in Chancery to a bill of discovery, and, as such, to be conclusive on the facts to which he testifies, unless disproved by the oaths of two witnesses. A number of authorities have been cited to sustain this position, but they have failed to satisfy the mind of the court. To a certain extent,’rthe rule in Chancery is as contended for by the respondents. But it is confined to small spins, in matters of account not exceeding in the aggregate one hundred pounds; and is adoptedfor the purpose of saving costs and ending litigation about inconsiderable affairs. If an answer in Chancery is contradictory in itself, is contrary to the known and well-established analogies of social life, or, for the purpose of evidence-, demands a departure from moral axioms of belief, it would be unreasonable to give to it the character of such high and imposing verity. Coming from an interested party, it ought to be clear and distinct; consistent with itself, and not at war with well-established facts in the cause. Slight circumstances thrown
The issue is thus formed. The existence of the notes is clearly established by Dunn, corroborated by Azariah, and admitted by Adam himself; but Adam swears, that the old man made a gift of them to him on the 7th, whereas Dunn swears, that the elder Williamson thought he had them on the 9th of August. There are many circumstances which essentially enter into a just appreciation of the value of Adam’s testimony. He says, he procured them as a gift from the old man, while Azariah and Enos were at Chester for the purpose of having the deed drawn. He did not mention the gift of the notes to Azariah or Enos when they returned, nor at any time during the [ife of the old man, which he would naturally have been impelled to do if they had been a bona fide gift. He was a man of business, and could not have been insensible to the suspicion that would naturally and obviously attach itself to the transaction if shrouded in secrecy till after the old man’s death. To shield himself from this, he would, if all things were honest and fair, have disclosed the fact to his co-assignees and trustees, especially as he intended to claim a gift of the check drawn in his favour by the old man the day before for $5000. Here was the sum of $8000 secretly withdrawn from the fund, which the old man agreed on the 4th to transfer to the three nephews, for their own benefit and the benefit of his other heirs, in the presence of the three; and the old man never mentioned it at the execution of the deed, nor at any other time, nor did Adam during the old man’s life: and when Azariah
It appears from the evidence, that one object of the deceased in adopting the mode of settling his estate which he pursued, was to
It- is contended; that if Adam’s testimony is taken as to the amount of the notes, it ought all to be taken together, and that as he swears to the gift, that ought to be taken also. If this part of his testimony wus connected with, and in the same paragraph or sentence of the admission, perhaps the. one ought not to be taken without the other. But in one part of his deposition he states the amount of the notes,- and in another part he swears'to the gift. The rule, as established under such circumstances, .is, that the one part of the deposition may be.relied on without admitting the other. In Blount v. Burrow, 4 Bro. Ch. 75, Lord Chancellor Hardwicke., after stating the rule at law, says, but what is sworn by a.man’s answer, admits of a different con-, struction, as if a man admit by his answer that he received several sums at different times, and in the same answer swears that he paid away those sums at different times in discharge of himself; otherwise, it would be to allow a man to swear for himself, and be his own witness.” We can readily perceive the reason of the' distinction taken by his lordship; for alleging a new and independent de
With regard to the other item of charge, to wit, the check for the sum of $5000, drawn by the old man in favour of Adam, on the Bank of Delaware, we are impelled to the same conclusion. The check was drawn on the sixth day of August, and paid by the bank on the 21st of the same month, a very few days before the old man’s