Chagnon v. Perkins

From the testimony of the plaintiff’s wife, it might be found that she was, in fact, a plaintiff in interest and hence incompetent to testify in a suit against the executor who did not elect to testify. P. L., c. 336, s. 27; Wright v. Davis, 72 N. H. 448, 449 and cases cited. This fact was found by the trial court and his finding is not reviewable here. Wright v. Davis, supra. There was, therefore, no error in his ruling that the testimony of Mrs. Chagnon as to “matters Mr. Menancon could contradict if living,” should be excluded.

This ruling destroyed whatever basis there may have been for…