Keller v. Reichert

The majority opinion finds the testimony of the legatee, Mary Keller, covering conversations with the deceased, admissible; that a proceeding contesting the probate of a wilt *87does not fall within the prohibitory terms of § 7871, Comp. Laws, 1913. With this view, I cannot agree. The express terms of the statute must be considered in connection with the cognate law and the legislative policy involved therein ever since statehood. The statute existed in territorial days. Terr. Code Civ. Proc. 1877, § 446. It has not been changed except by a restrictive provision concerning officers of a…