Nicholson v. Kilbury

Citations

• 80 Wash. 500
• 141 P. 1043
• 1914 Wash. LEXIS 1340

Syllabus

<p>Witnesses—Competency—Transactions With Deceased'— Statutes—Construction. Rem. & Bal. Code, § 1211, providing that “in an action or proceeding where the adverse party sues or defends as executor, administrator, or legal representative of any deceased person, or as deriving right or title by, through, or from any deceased person, . . . then a party in interest or to the record shall not be admitted to testify in his own behalf as to any transaction had by him with or any statement made to him by any such deceased person,” excludes such a party from testifying to declarations made in his presence by the deceased to third persons, since the same fall within the spirit of the law, and the mischief of the old law, although the statute does not use the words “or in his presence.”</p>