In Re the Foreclosure of a Deed of Trust Executed by Cooke

MORRIS, Judge.

Respondent objected to the testimony of the payees/beneficiaries concerning the notes and transactions as being violative of the Dead Man’s Statute, G.S. 8-51. The maker of the notes and grantor of the deed of trust is now deceased. G.S. 8-51 provides that

“Upon . . . the hearing upon the merits of a special proceeding, a party or person interested in the event, . . . shall not be examined as a witness in his own behalf or interest, . . . against the executor, administrator or survivor of a deceased person, . . . concerning a personal transaction or communication between the…