Fowler v. Taylor

Subject to exception the plaintiff was not allowed to testify to the talk he had with his uncle, the mortgagee, as to whether there was any money owing to the uncle on the mortgage at any time. The ruling of the Court was based upon R. L., c. 392, s. 25: “Executor party. When one party to a cause is an executor, administrator or the guardian of an insane person, neither party shall testify in respect to facts which occurred in the lifetime of the deceased or prior to the ward’s insanity, unless the executor, administrator or guardian elects so to testify, except as provided in the following…