Stevenson's Estate

Bolger, J.,

Exceptant alleges error in the admission of the testimony of Mary J. Schmidt on the ground of incompetency, and the failure of the auditing judge to award the proceeds of the shares of building and loan association stock, or at least one half of them, to exceptant.

Mary J. Schmidt as an heir was an adverse witness: King et al. v. Lemmer, 315 Pa. 254. This appears to have been conceded. However, her incompetency is alleged to have been cured by reason of her having assigned her interest in the estate to her aunt. This act alone did not remove the bar to her testifying. The burden…