Estate of Lennon v. Lennon

This is an action brought by the personal representative of the estate of Elsie Lennon to recover the proceeds from stock certificates sold by Roger Lennon, Elsie’s stepson. Relying on the deadman’s statute,1 the estate submitted redacted portions of Roger’s declaration and deposition in support of its argument that Roger converted the stocks for his own benefit and wrote unauthorized checks from Elsie’s account. Roger argues that the estate waived the deadman’s statute by submitting evidence of transactions with the decedent. The trial court *171found that the estate did not waive the deadman’s…