Merrill v. Atkin

Citations

• 59 Ill. 19

Syllabus

<p>1. Heibs—who included therein. Under the word “ heirs ” are comprehended the heirs of heirs, ad infinitum.</p> <p>2. Witness—competency, under act of 1867. So, the second section of the act of 1867, which prohibits a party from testifying when the adverse party sues or defends “ as executor, administrator, heir, legatee or devisee of a deceased person,” with certain exceptions enumerated in the act, applies as well in favor of the heir by one remove as in behalf of the immediate heir. The true intent of the statute was to make the right of a party to testify a mutual right, and not to grant it, with the exceptions enumerated in the act, where the adverse party claims in a representative capacity under a deceased person.</p>