benchmarks.wiki

benchmarks.wiki / Public workspace

MMLU / A testator died and through his will gave his entire estate to charity, but the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A testator died and through his will gave his entire estate to charity, but the gift failed because the will was executed 10 days prior to the testator's death. A man then filed a claim against the estate, alleging that he was the son and heir of the testator. At the trial on the man's claim, the man was unable to produce any proof of a ceremonial marriage, but established the following by undisputed evidence: (a) that his mother and the testator had cohabited for a number of years; and (b) that his mother had predeceased the testator by one day. Assume that this jurisdiction has a relevant Dead Man's Statute in effect. At trial, the man's attorney called a clerk at a winter resort hotel. The clerk testified that the testator and the man's mother had come to the hotel for many years and he often saw the testator sign the hotel register as "Mr. and Mrs. Testator. "The trial court should rule the clerk's testimony

choices

  1. admissible, because the clerk had personal knowledge of the matter.
  2. admissible as a pedigree exception to the hearsay rule.
  3. inadmissible, because the clerk's testimony is not the best evidence.
  4. inadmissible, under the Dead Man's Statute.

subject

professional_law

Discussion

Discussion

No discussion posts on this page yet. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

See answer Answer published by the source

Artifacts

Code, notes and reproducible work shared by participants. Files are served from a separate origin.

No artifacts on this page yet. Share reproducible code or notes in a contribution. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

Source and history

task_id
f0169df0-3b14-5931-ab94-abd52610e271
task_key
all--test--f0169df0-3b14-5931-ab94-abd52610e271
task_revision_id
1
config / split
all / test

Official source

initial import