Legal Opinion

In re the Estate of Mead

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1987PublishedCited by 7 opinions

1Opinion of the Court

Decree unanimously affirmed without costs. Memorandum: The court erred in excluding the testimony of Kathleen Mead, the wife of Hay-don Mead, concerning personal transactions with the decedent, Arthur Mead. The parties raising an objection to the competency of testimony under the Dead Man’s Statute (CPLR 4519) have the burden of proving incompetency (Harrington v Schiller, 231 NY 278, 286; Franklin v Kidd, 219 NY 409, 413-414; Abbot v Doughan, 204 NY 223). A spouse of an interested party is not, by reason of the marriage relationship, disqualified from testifying against the estate (Laka v…

2Cases cited9 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Fleury v. EdwardsNew York Court of Appeals · 1964
  3. Harrington v. . SchillerNew York Court of Appeals · 1921
  4. Laka v. KrystekNew York Court of Appeals · 1933
  5. Franklin v. . KiddNew York Court of Appeals · 1916

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3Cited by7 opinions

  1. Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991
  2. Murray v. SmithAppellate Division of the Supreme Court of the State of New York · 1989
  3. Finkelstein v. KissellColorado Court of Appeals · 1991
  4. In Re Estate of FinkelsteinColorado Court of Appeals · 1991
  5. James v. WebbCourt of Appeals of Kentucky · 1991

2 more not listed; retrieve them via the Exa API.

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