De Silver's Estate

Citations

• 32 Pa. Super. 174
• 1906 Pa. Super. LEXIS 314

Syllabus

<p>Evidence — Witness—Competency of witness — Party dead.</p> <p>Where a party is called, to testify in support of her claim against a decedent’s estate, and objection is made to her competency, and her counsel examines her as to matters occurring both before and after the death of the decedent, in which examination the auditing judge joins, although reserving the right to pass upon the questions arising upon the objection, the fact that the adverse party cross-examines the witness as to matters occurring in the lifetime of the decedent, cannot be regarded as a waiver of the objection to which her entire testimony is taken.</p>