People v. Aiston

BURNETT, J. This is an appeal by the people of the state of California from a decree of distribution and the order denying a motion for a new trial. It is stated by appellant that these two questions .are involved: “First, were the rulings of the trial court correct in the admission of statements claimed to have been made by certain deceased persons, not shown by any independent proof to have been related by blood or marriage to Eliza Clark ? Secondly. Assuming all the testimony admissible, was the same sufficient to establish relationship between petitioner and Eliza Clark?”

The distributees claimed through one Jackson Freeman, who was admitted to be the father of Alice Aiston, the petitioner for distribution. Her case rested upon the contention that her father was the brother of said Eliza Clark, deceased. It is conceded by appellant that if Jackson Freeman and Eliza Clark were brother and sister, and this fact was legally shown, then the decree must be affirmed.

The objection of appellant to the admissibility of evidence is addressed particularly to the declarations of said Jackson Freeman, deceased, to the effect that said Eliza Clark was his sister. There are decisions of other jurisdictions in harmony with the contention that before such declarations can be admitted, independent evidence of the relationship of the claimant to the testate or intestate must be introduced, but the question is set at rest in this state adversely to appellant’s view by the recent decision of our supreme court in the case of In the Matter of the Estate of William Hartman, Deceased, 157 Cal. 206, 107 Pac. 105, where it is held, as stated in the syllabus, that “Declarations made by the father of the. contestant to her, during the lifetime of the testator, of his relationship to the testator, are admissible in proof of the same without extrinsic preliminary proof of the relationship of such declarant to the testator, and such declarations do not derive their evidentiary value or competency from their being admissions against the interest of the party making them, but from reasons of necessity, and the probability of their trust[788]worthiness.” In reviewing the authorities upon the subject it is said: “On the other hand, however, it seems absurd to require, as a foundation for the admission of the declaration, proof of the very fact which the declaration is offered to establish. The preliminary proof would render the main evidence unnecessary. There are statements in the cases which seem to recognize a rule thus rigid and absurd.” As pointed out in said decision, the relationship that is required to be shown before said declarations can be admitted is the relationship of the claimant to said declarant. This was covered, as we have seen, by the admission that petitioner is a daughter of said Freeman, and his declarations are therefore not those of a stranger, but of a member of the family.