Banaszkiewicz v. Baun

This appeal is from a circuit court order permitting defendant, administrator of decedent’s estate, to take the discovery deposition of plaintiff, an opposite party, without waiving plaintiff’s disqualification under the so-called dead man’s statute (CL 1948, §617.65 [Stat Ann §27.914]) to testify, at the trial, concerning the same subject matter.

Suit is for specific performance of an alleged oral agreement under which decedent was to leave all his property, upon his death, to plaintiff.

*112Plaintiff says the order is grossly unfair because it permits defendant to obtain all of the information…