In Re Estate of Conner

(dissenting in part) — I concur in all the majority opinion except Division IV which holds Mr. Updegraff, executor, incompetent as a witness because of the dead man statute, Code section 622.4. I do not think our prior decisions absolutely require this holding and if they be construed so to do I think they should be overruled.

The statute, so far as pertinent here, provides: “No party to any action or proceeding * * * shall be * * * a witness in regard to any personal transaction or communication between such witness and a person * * * deceased * *■ * against the * *= * legatee [or] devisee *…