Hansen v. Kiernan

MR. JUSTICES HASWELL and DALY

(dissenting) :

We dissent.

Plaintiff’s claim for relief in the instant case is bottomed on establishing a valid and enforceable oral agreement between plaintiff and decedent in July 1942, whereby each agreed to make a will leaving his interest in the partnership property to the other. The existence of such an oral agreement rests entirely on the uncorroborated testimony of plaintiff, the survivor, concerning a conversation he had with decedent almost thirty *459years previously. In our view, plaintiff is an incompetent witness to so testify, such testimony is…