Wright v. Tatham 112 Eng.Rep. 488 (1837) Marsden died and Tatham was contesting the will. Tatham argued that Marsden was mentally incompetent. At Trial, Wright, who wanted the will to stand, offered as evidence some letters people wrote to Marsden. The text of the letters implied that the writers believed that Marsden was competent. The writers of the letters never testified. The English Court found the letters to be hearsay and were therefore not admissible. The English Court found that there is no way of knowing from the record whether or not the writers had personal knowledge of Marsden's competency. The letters were implied assertions. This case would have been decided differently under the FRE.  Under the FRE, and implied assertion is not considered hearsay. An implied assertion in one where the declarant is not intended to state a fact to another person. The letters were written for Marsden's enjoyment, not because the writers wanted to assert that Marsden was competent. If the letters had said, "Marsden is competent" then that assertion (aka a positive declaration) would be hearsay.