Glines v. Baird

Decree unanimously reversed on the law and facts and matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorandum. Memorandum: Upon the trial of petitioner’s claim against decedent’s estate for the value of legal services which he allegedly rendered to decedent, the Surrogate excluded testimony of petitioner’s secretary on the ground that she was prohibited from testifying by the provisions of section 353 of the Civil Practice Act. Although her employment by petitioner rendered her testimony subject to the provisions of section 353 which prohibits…