When a witness testifies, a key consideration when determining the testimony's weight is the testimony's source. Typically witnesses are either interested or disinterested, i.e. they personally benefit from their own testimony or have no interest in the case's outcome.
A trial court decision pending appeal involved the testimony of a disinterested witness.
"Macario Aguilar filed in the Tulare County Superior Court, a Probate Code section 850 petition for transfer of real property. Aguilar noted he had contracted with his neighbor, Norma Jean Stephens, to buy her property in Goshen, when she moved from California to Oregon. Aguilar further contended he had complied with all the terms of sale; however, the escrow company handling the sale shut down before escrow officially closed and title to the property was never transferred to him. Meanwhile, Stephens, who had moved to Oregon, had passed away.
Aguilar brought the instant petition to obtain title to the subject property. Stevens's granddaughter, Elizabeth Rose Tyler, objected to Aguilar's petition. The probate court held a contested hearing in the matter. The court ruled in favor of Aguilar. The court found that Aguilar had contracted with Stephens to buy her property and had complied with the contract's terms. Accordingly, the court ordered that title to the property be transferred to Aguilar."
Ms. Stephens moved to Oregon to be closer to her sister, Donna Dennis. Ms. Dennis had no interest in the case's outcome and confirmed the facts of the sale that Mr. Aguilar had testified to during the trial. Ms. Dennis also "testified that all of Stephens's four children had passed away. She said Stephens's grandchildren "never came around at all until they found out money was involved, and now they're coming out of the woodwork." Dennis said that Stephens had told her that her grandchildren did not visit her and did not like her.
The probate court cited Dennis' testimony in their ruling:
"Among other findings, the probate court stated: "In this case, the court finds that the petitioner has [established] that he completed the purchase of the property. He testified he paid the agreed purchase price for the real property." The court added: "Decedent's sister fully supports his version of events. She confirmed her sister wanted to sell the property to `[Aguilar].' Dennis additionally testified that [Stephens] set the price, which price she was willing to agree to after Aguilar paid the mobile home lien. Dennis testified that after Aguilar paid off the lien, the parties entered the agreement for the purchase and sale of the property at the price decedent indicated she was willing to sell for and that Aguilar paid the $20,000."
The probate court continued: "Dennis's testimony was consistent with Aguilar's that the parties had `signed papers,' but that the property was never transferred to Aguilar for unknown reasons. Dennis also confirmed that cognitive decline and undue influence did not impact the sale."
Estate of Stephens, Tulare County Superior Court case no. VPR052163
