Buchweiser v. Estate of Laberer

ALMON H. MAUS, Special Judge,

dissenting.

I must respectfully dissent.

It has been the general rule that an executor or administrator does not remove the barrier of the Dead Man’s Statute by prosecuting to a conclusion a cause of action of his decedent. Flanagan v. DeLapp, 533 S.W.2d 592 (Mo. banc 1976); Estate of Rogers v. Courier, 429 S.W.2d 258 (Mo.1968); Crockett v. Morelock, 608 S.W.2d 530 (Mo.App.1980). This has been true whether the cause of action was presented by petition, Edwards v. Durham, 346 S.W.2d 90 (Mo.1961), or counterclaim, Bildner v. Giacoma, 522 S.W.2d 83 (Mo.App.1975). The…