Bar Exam (U.S) Evidence: Woodward died on February 6, 1972. His will gave his entire estate to c...

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Woodward died on February 6, 1972. His will gave his entire estate to charity, but the gift failed, because the will was executed ten days prior to Woodward's death. Sonny then filed a claim against the estate of Woodward alleging that he was the son and heir of Woodward. At the trial on Sonny's claim, Sonny was unable to produce any proof of a ceremonial marriage, but established the following by undisputed evidence: (a) that his mother was Mary; (b) that Mary and Woodward had co-habitated for a number of years; and (c) that Mary had predeceased Woodward by one day. Assume that this jurisdiction has a relevant Dead Man's Statute in effect.

Billingsley, the butler in Woodward's home for many years, was called to testify by Sonny's attorney. Billingsley testified that Mary had often confided in him and told him shortly after Sonny's birth that Sonny was Woodward's son. Upon objection by the attorney for the executor of Woodward's estate, the court will most likely

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    sustain the objection, since Billingsley's testimony would be violative of the hearsay rule
  2. B
    Correct Answer
    sustain the objection, since Billingsley's testimony would be violative of the Dead Man's Rule
  3. C
    Correct Answer
    overrule the objection, since Billingsley's testimony would be relevant to the ultimate issue in the case
  4. D
    Correct Answer
    overrule the objection, since Billingsley's testimony would qualify under the pedigree exception to the hearsay rule
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