Seeber v. Citizens State Bank of Sturgis

T. G. Kavanagh

{dissenting). I believe my brothers confuse “adverse interest” with “opposite party.”

■ Several persons could have an interest adverse to an estate. In each separate litigation the “opposite party” would be the one asserting the particular adverse interest which was the subject of the litigation. The statute would not bar testimony from any other person who happened to have a different adverse interest in the current litigation.

In the case before us Mrs. Morse conceivably had an interest adverse to the estate despite her disavowal of such, but in any event, she was not a party to…