Crain v. Dean

LAMBERT, Justice.

In this declaratory judgment action tried before the court, appellants were determined to be the paternal heirs of Blanche Crane Waddle and thus entitled to one-half of the intestate portion of her estate. The Court of Appeals reversed, holding that the trial court erred in admitting the testimony by deposition of two witnesses without finding the existence of one of the exemptions from live testimony set forth in CR 32.01(c). We granted appellants’ motion for discretionary review and now consider whether the claimed error was preserved for appellate review and whether the…