2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 899 - Evidence
Section 52-172 - Declarations and memoranda of deceased persons.


CT Gen Stat § 52-172 (2012) What's This?

In actions by or against the representatives of deceased persons, and by or against the beneficiaries of any life or accident insurance policy insuring a person who is deceased at the time of the trial, the entries, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence. In actions by or against the representatives of deceased persons, in which any trustee or receiver is an adverse party, the testimony of the deceased, relevant to the matter in issue, given at his examination, upon the application of such trustee or receiver, shall be received in evidence.

(1949 Rev., S. 7895.)

Cited. 3 CA 111. Cited. 13 CA 101. Cited. 30 CA 305. Cited. 38 CA 73. Cited. 46 CA 620. To deny decedent the benefit of an evidentiary rule, such as the exclusions of offers of compromise, defeats purpose of statute. 50 CA 405. Out of court statement of decedent not admissible when the action was not brought by official representative of deceased person. 58 CA 19. Applicability of “dead man’s statute” discussed. 70 CA 477.

Hearsay declaration of deceased person must be examined with care. Trier to decide weight to be accorded it. 6 Conn. Cir. Ct. 148, 154. Declaration admissible under life insurance contract, not under annuity contract. Id., 676.

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