will a court document containing testimony regarding year of death be valid as proof

+4 votes
91 views
in The Tree House by Hart Wallace G2G6 Mach 1 (13.8k points)
retagged by Ellen Smith
Who are you trying to prove this to?

For a genealogy, that's pretty good evidence.
Sworn testimony is about as good as it gets.
For Isabella  Steele  Leech  I  have  a  birthand  marriage  document  but  no  death.  It states  in  most  reseasrch  that  she  died  in  1821 (  I  have  no  document  and  cannot  find  a grave/burial  place.  She  is  not  mentioned in  her  husband's  will  of  1822.  I  found  a  chancery  suit  Library  of  Virginia  p.dated1851-014 Thomas  Dryden  vs John S.  Leech (Isabellas  son)  p.5               It  states  Isabella  Steele  leech  died  in  1819. this is suit  is   probably one  of  many  generated  When  David  Steele  her  father  died intestate in  180-   (left blank)that  document  is  Rockbridge  County, Virginia  1814-001  chancery  suit Steele vs  Steele  heirs.  I  am  also  looking  to  confirm  her  fathers  death as the  1814  document  began  in  1812
I  am  trying  to  prove  for  myself  1.  I  am  told  that Isabella's  father  was  David  Steele  of  Steele's  Tavern  this  cannot  be  true  as  there  is  chancery  suit  Rockbridge  County 1814-001 regarding  the  lands  of  her david  Steele deceased 180--  (left  blank)  and  lists  Isabella  Steele  Leech as  his  child..  David  of  Steeles  Tavern  did  not  die  untill  1838-40  per  DAR.

Also  if  I  can  confirn  Isabell's  time  line  I  can  perhaps  prove  her  David  as one  of  my  patriots  for  DAR

2 Answers

+5 votes
 
Best answer
Everything is valid as evidence. A birth certificate is evidence. The date supplied by the next door neighbor is evidence. None of it should be taken as irrefutable proof but should be carefully examined and compared against other evidence.

My grandfather told everyone he was born in 1907. It was in his obituary. It was on his gravestone. He wasn’t. He was born in 1904. Why do I say that? Because I found contradictions in multiple sources and after examining all the evidence, I concluded he was born in 1904.

So if that’s your only evidence, by all means start with that but keep looking and make sure you resolve any contradictions.
by Davis Simpson G2G6 Mach 2 (21.8k points)
selected by Richard Devlin
+5 votes
Well yes and no Hart.

Why and where was this testimony given so that it was recorded.

Was the testimony given by the person/witness under oath from personal knowledge and or observation or was this knowledge they gained from another source.

Did the statement have bearing on the outcome of a case and if so, was the case adjudicated in preference to said testimony or in deference against said testimony, If in preference, yep.its good. If against, nope.

If this was a statement to be used as declarative evidence and not while under oath or under oath and was based on information obtained from another source, it is then hearsay and may or not be admissible as true and or factual.

People do lie, that must always be considered.
by LJ Russell G2G6 Pilot (176k points)

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