Sorensen v. Sorensen

The following opinion on rehearing was. filed March 2, 1904. Judgment of reversal adhered to:

4. Competency of Witness. In a proceeding for the distribution of the estate of an intestate, the administrator is an adverse party, and where one of the issues between rival claimants is a marriage of the intestate with a third party, the testimony of such third party is inadmissible on such issue, under the' provisions of section 329, Code of Civil Procedure. Albert, C.

On the 3d day of February, 1895, Hans C. Sorensen died intestate, leaving an estate in Valley county, where he resided at the time…