Schagrin v. Schagrin

Citations

• 28 Del. 318

Syllabus

<p>1. Witnesses—Competency—Transactions with Deceased Person.</p> <p>The testimony of defendant, in an action by an executrix on a note by defendant to testator, that the transaction involving the giving of the note was had with testator and his wife, the executrix, and that the wife originated the transaction, but all talked the matter over, and that the note was delivered to her, shows that the transaction was with decedent in the presence of his wife, and not with the wife as his agent, and he is disqualified by 16 Del. Laws, c. 537 (Rev. Code 1893, p. 798), from testifying to any conversation had with testator respecting the transaction.</p> <p>2. Bills and Notes—Actions—Evidence—Materiality.</p> <p>In an action by an executor on a note given by defendant to testator, pursuant to transactions had with testator personally, conversations by defendant with testator’s wife, in the absence of testator, prior to or at the time of the delivery of the note to her in the presence of testator, are irrelevant.</p> <p>3. Evidence—Opinion Evidence—Conclusion of Witness.</p> <p>A question asked a witness whether one had authority to make an agreement as agent of another was objectionable as calling for a conclusion of law.</p> <p>4. Witnesses—Transactions with Deceased Persons—Statutes.</p> <p>The testimony of a plaintiff, suing as executrix, that she did not have the conversation with a witness, who testified to a conversation between herself and plaintiff and testator, did not relate to a conversation with testator, and was not within 16 Del. Laws, c. 537 (Rev. Code 1893, p. 798), providing that in an action by executors neither party shall be allowed to testify as against the other as to any transaction by decedent.</p>