Lindsay v. McCormick

Citations

• 82 Va. 479
• 5 S.E. 534
• 1886 Va. LEXIS 62

Syllabus

<p>1. Witnesses—Competency—Trustee for his wife.—One who is trustee for his wife, is .not a competent witness to prove his payments of the price of property purchased by him as such, trustee, out of the trust fund. And he being incompetent, so likewise is the commissioner to whom the alleged payments were made. Warwick v. Warwick, 31 Gratt. 70.</p> <p>2. Idem—Case at Bar.—On exception to allowance of credit for alleged payment by trustee to commissioner on bonds for property purchased with the trust funds, the testimony of those parties having been excluded—ITeld: The fact that the bond whereon the alleged payment was made, was delivered up to the obligor, and other circumstances, sufficiently established the payment.'</p>