Originally published by State Bar of Texas .
From Steven C. Copenhaver of Austin (Davis v. Davis), this deposition excerpt from a probate case “in which my client, a private charitable organization, was alleging that a sizeable sum of money was supposed to be bequeathed” to it “instead of another organization with a similar name.” Steve was deposing a friend of the deceased (the witness was represented by David F. Beale of Houston).
Q. Have you had an opportunity to talk with your attorney concerning what a deposition is?
A. Yes sir, he told me what a deposition was.
Q. I’m sure your attorney has instructed you to answer the question I ask.
A. Yes, sir. Did he tell you I’m incompetent?
Q. No he didn’t tell me that.
A. Well, I am.
Q. What makes you say that?
A. The doctor says that. I don’t get my money. My wife gets the money. She’s my guardian.
Q. Have you understood every thing you and I have talked about up to this point in time?
A. You told me your name, but I forgot it.
Q. Have you understood everything I’ve said so far?
A. You ain’t talked much.
Q. Do you remember having a conversation with me?
A. This is the first time I’ve met you, right here.
Q. I mean over the phone.
A. I talked to somebody on the phone. I don’t know who it was because I couldn’t see through the phone.
Q. Good point. Do you remember hanging up on the telephone conversation?
A. Yes sir. Some guy called, and I didn’t, you know, want to talk to him so I hung up.
Q. Do you know why you hung up?
A. We finished our conversation.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://saywhat.texasbar.com/2014/10/november-1990-dont-tell-anyone-about.html
via Abogado Aly Website
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