Evidence: Wife as Witness against Husband

1907 Michigan law review  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT IMPORTANT DECISIONS RECENT IMPORTANT DECISIONS IO42, 64 L. R. A. 458, in which it was held, in an action by the administrator of the husband against the administrator of the wife, for proceeds of a policy of insurance on the life of the husband paid voluntarily into court by the insurance company, and by the policy payable to the wife if she should survive, and afterwards assigned by parol to and kept up by her, that the administrator of the husband was not entitled to the fund, because (having assigned the policy to his wife) his right was merely by virtue of the law of distribution as surviving husband; and as he had become surviving husband by murdering his wife before committing suicide, he could not be permitted to profit by his own iniquity or take advantage of his own wrong, and his representative had no better right than he. This decision is distinguished on the ground that a tenant by entirety does not succeed to any estate by the death of the other spouse, but continues owner by virtue of his original title. In Riggs v. Palmer (1889), I5 N. Y. 506, 22 N. E. I88, 12 Am. St. Rep. 819, 5 L. R. A. 340, it was held that one who killed the testator could not take a legacy by the will nor as heir as in case of intestacy (the gift over in case the murderer should die before the testator failing and there being no other disposition); but JuDGcS GRAY and DANFORTH dissented, and the decision was criticised and the rule materially modified in Ellison v.
doi:10.2307/1273489 fatcat:ysgrof3rfbaxpb5pchd2mffx4m