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Question
Painter's estate sues Gallery for wrongful retention of several paintings. Gallery claims Painter voluntarily left the works for a future exhibition. The estate claims Gallery kept the paintings after Painter decided to retrieve them.
The estate offers three messages Painter sent the week before her death. On Monday, Painter texted her assistant, "I am afraid Gallery's director will not give my paintings back." On Tuesday, Painter emailed her brother, "I am going to Gallery on Friday morning to pick up the blue landscapes." On Wednesday, Painter wrote in her diary, "The director stole two of my paintings last month." Gallery offers a draft will in Painter's files stating, "I have already promised the blue landscapes to Gallery after my death."
How should the court rule on the messages and draft will under the hearsay exceptions? Discuss then-existing state of mind, statements of memory or belief, future intent, and any will-related exception.