In re the Accounting of Bluford

Bubenstein, S.

An issue of fact arising on the trial of a rejected claim requires determination herein. The contestant acknowledges that she has the burden of establishing such claim for services rendered to the intestate. Included in the claim are charges for board and lodging and nursing care furnished to the intestate during his last illness.

To support such claim, the husband of the claimant was called as a witness. The testimony given by him was timely objected to upon the ground of his alleged incompetency under section 347 of the Civil Practice Act. Such objection was overruled and the…