Connecticut General Statutes

Conn. Gen. Stat. § 52-172 (2026)

Declarations and memoranda of deceased persons

✓ current as of May 2026

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In actions by or against the representatives of deceased persons, and by or against the beneficiaries of any life or accident insurance policy insuring a person who is deceased at the time of the trial, the entries, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence. In actions by or against the representatives of deceased persons, in which any trustee or receiver is an adverse party, the testimony of the deceased, relevant to the matter in issue, given at his examination, upon the application of such trustee or receiver, shall be received in evidence.

(1949 Rev., S. 7895.)

Statute is comprehensive and does not exclude any memoranda left by decedent. 26 C. 92; 32 C. 518; 42 C. 153. Applies only in favor of those who sue or defend either as personal representatives, heirs and distributees, or purchasers by will; it does not embrace purchasers by contract. 32 C. 509; 56 C. 338; 71 C. 252; 109 C. 311. Statement in will held admissible under statute. 43 C. 123. Endorsement of interest on note by payee, held admissible but insufficient to prove an acknowledgment of indebtedness. 49 C. 495. Cited. 54 C. 243. “Representatives of deceased persons” construed; declaration held inadmissible. 56 C. 106; 109 C. 311. Declaration by testator as to the meaning of his will is inadmissible. 56 C. 167; 91 C. 49. Account books of decedent in his own handwriting are admissible; their weight is for the jury. 57 C. 479. Entries need not refer in terms to the matter in controversy, but may be shown to be relevant aliunde. 63 C. 313. The generality of an oral statement touching the question affects only its weight. Id., 315. An appeal from the probate of a will is not an “action” within the meaning of statute. Id., 413. Statute applies to a suit continued by original plaintiff's executor. Id., 417. Memoranda and declarations inadmissible if decedent has given a deposition covering the case. Id., 419. Declarations must be testified to by one who heard them, and cannot be supplied by evidence of the declarations of another person, since deceased, as to what the intestate said to him. 71 C. 581. Declarations of deceased landowner de his continued ownership, held admissible. 72 C. 479. Does not apply where neither estate nor legal representatives are interested; 80 C. 446; as where question is as to gift made during life; 89 C. 321; or conveyance made during lifetime. 109 C. 311. Purpose of statute includes appeal from allowance of account. 84 C. 662. Applies to statements made after action brought; so makes all statements written or oral admissible, even though deceased could not testify to them, if alive. 86 C. 474. Does not include declarations made to deceased. 87 C. 341. Declaration of deceased landowner admissible in support of title of devisee. 81 C. 219, 228. Statements of one killed by negligent act admissible in action by his administrator. 86 C. 422; 91 C. 728; 109 C. 238. When admissible; not for purchaser by contract. 71 C. 246; 72 C. 693; 109 C. 311. Statement must be relevant and material. 78 C. 337. Declarations of testamentary intent not ordinarily admissible. 91 C. 47. Statements of deceased agent of party are not admissible in his behalf. 95 C. 159. Applicable to workmen's compensation act hearings. 98 C. 649. Discretionary with trial court whether to specifically call attention of jury in charge to declarations of deceased. 99 C. 482. Statute does not apply in contest as to title of property between alleged grantee of deceased and grantee of her administrator in carrying out contract of deceased to sell land. 109 C. 311. Incompletely executed will signed by defendant's intestate and conversation he had with plaintiff admissible as written memorandum and oral statements relevant to issue of whether plaintiff's services were gratuitous. 110 C. 217. But communications between deceased and attorney and unsigned draft of new will inadmissible as privileged in suit by person not claiming under deceased. 112 C. 521. Statement by deceased contradictory to another statement by him not admissible solely to impeach his credibility, but both statements admissible in proof of facts stated. 110 C. 540. Cited. 116 C. 729; 119 C. 551; 126 C. 605. Diary of deceased containing detailed entries but lacking mention of sickness relevant to contradict allegations of plaintiff claiming compensation for nursing services. 124 C. 52. Declaration is evidence of facts stated but weight is ordinarily for jury. 135 C. 248. Letter written by decedent containing statements laudatory of plaintiff, including quotation from words of another, is admissible. 138 C. 398. A letter was held not to be admissible because the writer was not a party to the litigation. 142 C. 558. Statute broad enough to include a motion of the head of decedent. 146 C. 129. The fact that a statement contains an opinion does not necessarily make it inadmissible; statute calls for a liberal interpretation; oral declarations of deceased are admissible under statute. 148 C. 510. Cited. 153 C. 603; 154 C. 507, 511. Wife of deceased defendant permitted to testify to statements by deceased about the accident in issue. 175 C. 97. Cited. Id., 297; 183 C. 41; 202 C. 609; 211 C. 555; 217 C. 260; 218 C. 220; 237 C. 209. Overruled earlier holding that declarant must be representative of a decedent; statute does allow a third party who is not an heir or other representative of decedent's estate to invoke statute to testify as to decedent's statements. 279 C. 558.

Cited. 3 CA 111; 13 CA 101; 30 CA 305; 38 CA 73; 46 CA 620. To deny decedent the benefit of an evidentiary rule, such as the exclusions of offers of compromise, defeats purpose of statute. 50 CA 405. Out of court statement of decedent not admissible when the action was not brought by official representative of deceased person. 58 CA 19. Applicability of “dead man's statute” discussed. 70 CA 477.

Hearsay declaration of deceased person must be examined with care; trier to decide weight to be accorded it. 6 Conn. Cir. Ct. 148, 154. Declaration admissible under life insurance contract, not under annuity contract. Id., 676.

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Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1959–2026 · leading case: Dinan v. Marchand, 903 A.2d 201 (Conn. 2006).

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Dinan v. Marchand, 903 A.2d 201 (Conn. 2006). · cites it 21× “The plaintiff claims that the Appellate Court improperly concluded that the trial court properly had excluded certain testimonial evidence regarding threats allegedly made to the testator by his daughter in support of the claim of undue influence: (1) testimony from the…”

Gulack v. Gulack, 620 A.2d 181 (Conn. App. Ct. 1993). · cites it 8× “The issues on appeal are (1) whether the allegations of the complaint and the evidence submitted support the relief granted, (2) whether the trial court improperly drew an adverse inference against the defendant for failing to call the codefendant Howard Gulack 1 as a witness,…”

Ann Howard's Apricots Restaurant, Inc. v. Comm'n On Human Rights & Opportunities, 676 A.2d 844 (Conn. 1996). · cites it 9× “The defendants claim that had the hearing officer decided to strike Doe’s direct testimony, his testimony, as heard by others during the hearing, would have become “declarations of the de.ceased” pursuant to § 52-172 and, consequently, would have been admissible under that…”

Kalas v. Cook, 800 A.2d 553 (Conn. App. Ct. 2002). · cites it 8× “At oral argument, however, the defendant elaborated that the trial court improperly had (1) enforced the oral agreement despite its noncompliance with the statute of frauds, General Statutes § 42a-2-201, and (2) admitted, as well as excluded, certain testimony regarding…”

DeVita v. Esposito, 535 A.2d 364 (Conn. App. Ct. 1987). · cites it 6× “, and Robert Esposito that their father told them that the plaintiff and a third person came to the premises approximately thirty years ago and asked if they could buy “that triangle to straighten their boundary out.”

Starzec v. Kida, 438 A.2d 1157 (Conn. 1981). · cites it 6× “Warner, supra, that Clara promised to leave 225 Stanley Street to Walenty’s children upon her death.”

State v. Clemente, 353 A.2d 723 (Conn. 1974). · cites it 4× “4; and is presently General Statutes § 52-172. The statute has been viewed as remedial, in derogation of the common law and binding upon the courts.”

Parker v. Slosberg, 808 A.2d 351 (Conn. App. Ct. 2002). · cites it 4× “The court overruled the defendant’s objection to the letter’s authentication and ruled that the evidence was admissible because it complied with the requirements of General Statutes § 52-172. 10 Having reviewed the record pertinent to the defendant’s first two claims, we…”

O'Brien v. Coburn, 700 A.2d 81 (Conn. App. Ct. 1997). · cites it 6× “The defendant claims that the trial court improperly (1) permitted the plaintiffs to amend their complaint, (2) denied his application for attorney’s fees, (3) denied the recusal motion that was made during the course of trial, (4) refused to reread testimony during his…”

Perl v. Case, 485 A.2d 1331 (Conn. App. Ct. 1985). · cites it 4× “The defendant cites General Statutes § 52-172 which provides, in relevant part that “the entries, memoranda and declarations of the deceased relevant to the matter in issue, may be received as evidence.”

Holodnak v. Avco Corp., Avco-lycoming D., Stratford, Conn., 381 F. Supp. 191 (D. Conn. 1974). · cites it 4× “Both the Company and the union claim that Burstein’s statements are 'inadmissible because of Conn.Gen.Stat. § 52-172, which allows the declarations of a deceased to be admitted in actions by or against the estate of the deceased.”

Gothberg v. Town of Plainville, 148 F. Supp. 3d 168 (D. Conn. 2015). · cites it 2× “10, 1996) (holding that death of defendant who allegedly abused daughter sexually did not abate upon his death because executor of defendant’s estate would “have the opportunity, inter alia, to present-evidence of the plaintiff s motive and attack her credibility through the…”

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