173 Mass. 63 | Mass. | 1899
This is a bill to have certain instruments can-celled, on the ground that the maker of them, since deceased, was of unsound mind. At the hearing the plaintiffs put in evidence that the deceased was suffering from senile dementia, and offered some photographs of him in corroboration, which he asked the judge to rule to be admissible for that purpose. The judge declined, and the plaintiff excepted. The question whether
Evidence was admitted, subject to exception by the plaintiffs, that the administrator of the estate of the deceased had made no objection to the validity of the transaction. The admission was made harmless by rulings that the rights of the plaintiffs were not affected by the administrator’s conduct. Furthermore, the administrator would seem to have been the holder of security given by the defendants, and concerned in the question whether the transaction should be rescinded. See further Bullard v. Moor, 158 Mass. 418, 424, 425.
Exceptions overruled.