23 Pa. Super. 321 | Pa. Super. Ct. | 1903
Opinion by
Susanna W onsetler, mother of the parties to this suit, by her
Thus two questions arise: (1) Whether the mother owned the clock at the time of her death. (2) Whether the defendant accepted the bequest to him. If the mother owned the clock, her will vested title in the plaintiff. If the defendant owned it, the bequest to the plaintiff was a nullity, unless the defendant gave it effect by accepting the bureau, since a beneficiary of a will, who accepts a provision for his benefit, is estopped from disputing the validity of one to his prejudice.
While the mother’s declarations that she had sold the clock to the defendant were admissible as evidence for the defendant, her declarations that she had not sold it present a-different aspect. The former were declarations against her interest, in prejudice of her title, and of her consequent right to dispose of the property. The latter were in support of her title, and of her right of disposition. Had both been made in the course of the same conversation, or with some obvious connection, it would be necessary to consider them together, and determine how far either served to qualify the other. But they were totally distinct and unconnected. Whether the mother’s declarations that she had sold were sufficient to prove the sale, was a question for the jury. But her declarations in denial of a sale were obviously self-serving, since they tended to establish her title as against the defendant. The effect of declarations against interest is not to be impaired by independent declarations in aid of interest, unless the latter be made in presence of the adverse party. Hence the declarations of the mother in support of her title, not made in the defendant’s presence, were inadmissible as evidence against him. The plaintiff, indeed, does not allege title in himself through the mother’s declarations, but in his statement claims only under the bequest. The first specification, therefore, is sustained.
Judgment reversed and venire de novo awarded.