Starbird v. Cheatham

John A. Fogleman, Justice.

Appellant seeks to reverse the judgment of the probate court in favor of a claimant for an indebtedness for construction work done by appellee for appellant’s' decedent, Bryan J. Hilton, because of the failure of the probate judge to exclude certain testimony because of the “dead man’s statute*” The key issue was whether the claim had been barred by the statute of limitations. This depended on a determination whether the statute was tolled by payments made by the decedent in his lifetime. Appellee offered in support of his position his statement of account,…