154 Mass. 483 | Mass. | 1891
The only questions argued relate to the admission of evidence.
1. The testimony of La Motte was competent. The demand-ant’s claim against Thomas Daniels arose out of an accident to the demandant, which occurred December 7,1888. Twelve days afterwards Daniels made to his wife, through a third person, the conveyances which are sought to be avoided as being in fraud of the demandant’s rights. La Motte’s testimony was, that a week or a week and a half after the accident he sought to collect from Daniels the sum due to the demandant for wages, and that on the following day he told Daniels that the demandant intended to hold him liable for the accident, and therefore declined to give him a receipt in full of all demands. Taking it at the longest, that statement to Daniels that the demandant intended to hold him liable for the accident must, according to the testimony, have preceded the conveyances; and it was clearly competent, as bearing upon the alleged fraudulent intent of Daniels.
2. We cannot say that there was any error in law in admitting the testimony of Mr. Rice. The fact that Daniels had no other property at the time of making the conveyances, if it could be proved, would obviously be of some significance. Bristol County Savings Bank v. Keavy, 128 Mass. 298, 303. Evidence that at some previous time he had no other property would clearly be competent, if there was nothing to show a change in this respect. Cozzens v. Holt, 136 Mass. 237. But his condition as to property at a subsequent time would also have some tendency to show his condition at the time of the conveyances, provided it was not too remote. Where the mental condition of a testator at the time of making his will is to be determined, we
This mode of proving that a person had no visible property at a particular time has been held proper in Clark v. Chamberlain, 13 Allen, 257, 261.
Exceptions overruled.