Stewart v. Kirk

Citations

• 69 Ill. 509

Syllabus

<p>1. Witness—competency of, in suit against an estate for an account. Where, in a suit at law by minor heirs against an administrator of an estate, to recover moneys received by the intestate, which belonged to the plaintiffs’ father’s estate, it was, by stipulation, agreed that the plaintiffs’ mother and her present husband should be made parties, and the cause should be heard by the court, and determined according to equity: Held, that the mother of the minor plaintiffs was not a competent witness to testify generally for the purpose of establishing her own claim, but that she was competent to prove any fact to establish the claim on behalf of the minor plaintiffs.</p> <p>3. Same—when competent for one purpose hut not for general purposes, it should appear for what purpose his testimony is sought. Where a witness sought to be examined is competent as to certain facts, but not as a general witness, and be is objected to as incompetent, the party desiring his testimony should state what he proposes to prove by him, so that the court, may know that it is proper, otherwise this court can not say there is any error in refusing to allow him to testify.</p> <p>3. Same—as to. conversation after the death of intestate in suit against his estate. In a suit against the administrator of an estate upon a claim, the administrator proved certain declarations or admissions of the plaintiff as to the state of the account, after the intestate’s death. The plaintiff then offered to testify and explain what he did say to the witnesses, which the court below refused to allow: Held, that the court erred, as the plaintiff was a competent witness to explain or contradict the statement of the witnesses in regard to the particular conversation.</p> <p>4. Account—when cause should he referred to master to state. Where it was stipulated, in a suit at law, that the same should be heard by. the court as an equitable proceeding; and that the finding of the court should include all matters tria