CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Stmt re: Own Family History
.........Limitation: Untrustworthiness
4 Cards On This Topic:

Statement not trustworthy if made after heirship controversy began.

Rule that statement must have been made when no controversy existed based on common law, not legislation.

Deceased's declarations re land ownership which are not offered to prove pedigree or matters of birth, marriage, relationship, death, etc., do not come under family history exception to hearsay rule.

Rationale and common law basis for rule re family relationship hearsay exception.