13 Ga. 63 | Ga. | 1853
By the Court.
delivering the opinion.
The Court admitted the evidence, on the ground that it was part of the res gestee, and in our judgment, properly admitted it. This species of evidence is not admissible, as a general rule, unless it groAvs out of the principal transaction, illustrates its character, and is contemporaneous vrith it. Carter and Wife vs. Buchanan, 3 Kelly, 517. 1 Greenleaf's Ev. §108. The principal transaction here is, the destruction of Coalson’s Avillby the undue influence and interference of Doctor Patillo. The will Avas executed on the 25th of June, and on the next day, after the will had been sent for, but before it is brought to Coalson, the witness hears loud and boisterous talking in the sick room; recognizes the voice to be that of Patillo, but cannot understand what is said. Shortly afterAvards witness Avent into the sick room, and Doctor Patillo invited him into the parlor, when ho stated, “he just had learned that Coalson had made a will, cutting off Sarah; that it was not such a will as he had expected; that he, Patillo, would not submit to it; that he would resist it at the threshold; that he Avould make Sarah sign away Avhat was given to her, and would take her home, and support her as he had done; that she should not have a dime of the property, and that he had said that much to Jack. Dr. Patillo seemed excited.” This conversation Avas intermediate the time the Avill had been sent for to Toolce and its return to Coalson the same evening. When Tooke brought the Avill to Coalson, it Avas destroyed by him. This evidence tends to illustrate what took place in the sick room when the witness heard the loud and boisterous talking, and Avas made during the time the will was sent for and its return; therefore, a part of the transaction which finally resulted in the destruction of the Avill. These declarations also went to shoAV the motive by which the party charged Avith having exerted the undue means to procure the destruction of the will, was influenced. It was urged on the argument, that Patillo was a competent Avitness to prove the same facts, to
' There was no error in admitting the copy will to be read in evidence, on the testimony of Tooke and Shine, as to its being a substantial copy of the one destroyed.
Let the judgment of the Court below be affirmed.