Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 65 (2026)

Admissibility of declaration of decedent

✓ current as of July 2026

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Section 65. In any action or other civil judicial proceeding, a declaration of a deceased person shall not be inadmissible in evidence as hearsay or as private conversation between husband and wife, as the case may be, if the court finds that it was made in good faith and upon the personal knowledge of the declarant.

Notes of Decisions

Cited in 80 cases (6 in the last 5 years), 1921–2026 · leading case: Kelley v. Jordan Marsh Co., 179 N.E. 299 (Mass. 1932).

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Kelley v. Jordan Marsh Co., 179 N.E. 299 (Mass. 1932). · cites it 6× “The plaintiff at the trial depended on G. L. c. 233, § 65, whereby it is provided that a “declaration of a deceased person shall not be inadmissible in evidence as hearsay if the court finds that it was made in good faith before the commencement of the action and upon the…”

Commonwealth v. Mandeville, 436 N.E.2d 912 (Mass. 1982). · cites it 2× “175, § 66 (now appearing, as amended, in G. L. c. 233, § 65), when in fact the statements would have been admissible (as testimony recorded under oath) if the proponent had been given the opportunity to lay the necessary foundation.”

Anselmo v. Reback, 513 N.E.2d 1270 (Mass. 1987). · cites it 4× “In this medical malpractice, wrongful death action, the plaintiffs moved before trial for preliminary findings *866 that a certain “statement” of Susan Anselmo, whose death gave rise to this action, had been made in good faith and on her personal knowledge, and for a ruling…”

State v. Burke, 574 A.2d 1217 (R.I. 1990). · cites it 2× “See Mass. Gen. Laws Ann. ch. 233, § 65 (West 1986).”

Commonwealth v. Hilaire, 777 N.E.2d 804 (Mass. 2002). “208, § 34 (in setting alimony and assigning property, “the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage”); G. L. c. 233, § 65 (declaration of deceased person admissible “if the court finds that it was made in good faith and…”

Demoulas v. Demoulas, 428 Mass. 555 (Mass. 1998). “See G. L. c. 233, § 65; Old Colony Trust Co. v.”

Reni v. Courtney, 344 N.E.2d 909 (Mass. App. Ct. 1976). · cites it 3× “We first consider three issues presented by the defendant’s appeal which require discussion: (1) denial of her motion for a directed verdict at the close of the plaintiffs’ case; (2) admission in evidence by the trial judge of statements of a deceased person assertedly without…”

Commonwealth v. Irene, 970 N.E.2d 291 (Mass. 2012). “He claimed that the statement, offered to support his claim of liability, was admissible as a declaration of a deceased person under G. L. c. 233, § 65, and that the record was admissible as a public record; as such, the plaintiff claimed, the entry “constituted prima facie…”

Nally v. Volkswagen of Am., Inc., 539 N.E.2d 1017 (Mass. 1989). “We reasoned, in part, that although G. L. c. 233, § 65, removed the hearsay rule as an obstacle to admissibility, the statute “does not purport to remove other obstacles grounded in fairness.”

Barbosa v. Hopper Feeds. Inc., 537 N.E.2d 99 (Mass. 1989). “Armstrong contended below, and argues on appeal, that the testimony was admissible under G. L. c. 233, § 65 (1988 ed.), which provides: “In any action .”

Commonwealth v. Kilburn, 686 N.E.2d 961 (Mass. 1997). “In doing so, the judge apparently relied on G. L. c. 233, § 65, which provides: “In any action or other civil judicial proceeding, a declaration of a deceased person shall not be inadmissible in evidence as hearsay or as a private conversation between husband and wife, as the…”

Beninati v. Borghi, 61 N.E.3d 476 (Mass. App. Ct. 2016). “” G. L. c. 233, § 65, as appearing in St. 1943, c.”

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