Nash v. Fidelity-Phenix Life Insurance Company

In Nash v. Fidelity-Phenix Life Insurance Company, 106 W. Va. 672, 146 S.E. 726 (1929), the Court inferred that for a spousal communication made in the presence of a third party not to be considered confidential, and thus not privileged under the marital confidence privilege, the third party must be a comprehending third party, that is, a party capable of understanding the communication.