Is a declaration inadmissible as a matter of law because it contains matter favoring the interest of the deceased as well as against it?
Alberta, Canada
The following excerpt is from Carr Estate v. Lyman Estate, 1981 ABCA 68 (CanLII):
In summary, the point under discussion is this: is a declaration inadmissible as a matter of law because it contains matter favoring the interest of the deceased as well as against it. In Taylor v. Witham this did not serve to make the entries inadmissible: the evidence important to the case served the pecuniary interest of the testator who made the entries, but it was let in as connected with an entry that was against his pecuniary interest. The purpose it served when admitted was irrelevant to consideration of its admissibility. In the result, it was the entry favorable to the interests of the deceased testator which helped to establish that the £2,000 advance had been a loan.
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