In Re Wilson's Estate

ON PETITION FOR REHEARING

OPINION

1. In our former opinion nothing was said concerning the competency of respondent as a witness. In appellant's petition for rehearing it is asserted that, because Mrs. Wilson was dead, respondent was not a competent witness, because of the provisions of section 8966 N.C.L. At the hearing in the district court, appellant found herself in a position where she must either have a material portion of her testimony stricken under the provisions of said section, or withdraw her objection to respondent's competency. She chose to have her own testimony remain, and…