Denash v. Security Trust & Safe Deposit Co.

Citations

• 10 Del. Ch. 225
• 89 A. 597
• 1913 Del. Ch. LEXIS 23

Syllabus

<p>In an action against the executor of a decedent, complainant, who had carried on transactions with decedent, is incompetent to testify.</p> <p>In a suit against the executor of a decedent for an accounting for the profits of a speculation undertaken by decedent for the benefit of complainant, evidence held insufficient to entitle complainant to relief.</p> <p>In chancery, the answer is twofold in character, containing the discovery and setting up the defense on which the defendant relies to defeat the bill; and he cannot avail himself of any defense not pleaded.</p> <p>In suit against an executor, where the answer only denied the averments of the bill on information and belief, and called for proof, the executor is entitled to disprove complainant’s contention that his testator entered into an agreement in England in a certain year, and to show that certain letters claimed to have been signed by testator were forgeries.</p>