Estate of George H. Lepper

Dissenting Opinion bt

Keller, J.,

I dissent from the majority of the court as to the competency of the claimant to testify that the paper, which the witness, Walters, had just sworn he had seen Lepper give to claimant, had been stolen from him after Lepper’s death. One party to a suit is always competent to testify as to facts occurring after the death of the other party, (Keating v. Nolan, 51 Pa. Superior Ct. 320; Pennell v. Phillips, 53 Pa. Superior Ct. 324), but here the claimant’s evidence was not limited to that. He was permitted to identify the stolen paper with the one Lepper had given…