Estate of Murdock, 32 Muc. 352 (1983).
Author: Jim

Facts: Husband and wife died in plane crash.  They had separate wills and in the wills stated that their property will go to surviving spouse and if no surviving spouse, his/her children.  So crucial to see who died first.  Testimony of witness presented that husband uttered at the crash scene that he was alive.  Trial court excluded this statement because hearsay.

Issue:  Was the out-of-court statement of husband hearsay?

Holding: NO

Rationale:  The out-of-court statement was not admitted to prove the truth of the matter asserted.  It was only presented to show that husband said something and he was alive.  The husband could have said "I AM DEAD" and still this statement will prove that he was actually alive.  So the use of this statement did not depend on husband's memory, perception or truthfulness and it was not hearsay.