Balma v. Henry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “We conclude that [defendant’s] deposition is admissible even if [defendant’s] estate had not waived the application of the Dead-Man’s Act.”
• defendant could not bar decedent’s deposition because “[o]nly the representative of an estate can either assert or waive the privilege of invoking the Dead Man’s Act”
• only the estate representative can assert or waive the Act
• “[t]he Dead- Man’s Act is intended to remove the temptation of a survivor to testify to matters that cannot be rebutted because of the death of the only other party to the conversation or witness to the event, but it is not intended to disadvantage the living”

Source: CourtListener parenthetical corpus (CC0).