Jackson v. Kniffen

In Jackson v. Kniffen (2 Johns. 31, 3 Am. Dec. 390 [Sup Ct, NY County 1806]), two of three judges found that oral evidence of statements made by a testator just before his death asserting that the will was made under duress was inadmissible. One of the judges wrote "the right of cross-examination is invaluable, and not to be broken in upon." (Id. at 35.) Noting that evidence can be "entirely frittered away" (id.), by cross-examination, the judge said a "still higher value must be set on proofs, made in presence of both parties, compared with ex parte declarations." (Id.)