Fruitt v. Anderson

A point is made that the circuit court erred in excluding testimony offered by plaintiff in error, of statements made by his intestate at various times during the latter years of his life to sundry of his neighbors and creditors with regard to his claim against his insane son. It is very clear such testimony is not competent, and the action of tlie court complained of was Tight. The suit is prosecuted against defendant in error as conservatrix of a lunatic, and the intestate, were he alive, would be wholly disqualified to testify as a witness for the purpose of establishing the cause of…