Zietz v. Estate of Turner

The parties appear here in the same order as in the trial court. ■ •

This lawsuit involves the application of the so-called “Dead Man’s Statute,” C.R.S. 1963, 154-1-2(1):

“No party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein, of his own motion, or in his own behalf, by virtue of section 154-1-1, when any adverse party sues or defends as the * * * executor or administrator, heir, legatee or devisee of any deceased person, or as guardian or trustee of any such heir, legatee or devisee; * * *”

The plaintiff’s claim…