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10. The son's testimony is
The son is now suing the insurance company for the proceeds of his mother's policy. At trial, the son offers to testify that his mother told him that she planned to write her next novel under a pen name. The pen name she chose was the same name that appeared on the plane's passenger list.
A famous author had a life insurance policy with an insurance company. Her son was the beneficiary. The author disappeared from her residence in a major city two years ago and has not been seen since. On the day that the author disappeared, a plane, which took off from the only airport in the city where the author lived, disappeared while flying over the ocean. The plane's passenger list included a passenger with the same first name as the author, but a different last name.
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B is incorrect. The statement is not an admission, and it is not from a party to the suit.
C is incorrect. The length of time the author has been missing has no relevance to the determination of the admissibility of the statement.
D is incorrect. The statement is not being offered to prove the author's next book was going to have the pen name, so it is not being offered for the truth of the matter asserted. The statement is not hearsay.