Mahan v. First National Bank

OPINION

HAIRE, Judge.

Appellant, Lee Mahan, appeals from the trial court’s dismissal with prejudice of his claim against the First National Bank of Arizona, the personal representative of the estate of Kenneth A. Hoover, deceased.

Two issues are presented in this appeal:(1) whether appellant is precluded by A.R.S. § 12-2251 (the deadman’s statute) from testifying concerning his conversations with the decedent relating to an oral contract entered into with decedent; and(2) whether the trial court erred in ruling that the appellant had the burden of proving that the decedent was acting as an agent…