Ryan v. MacDonald, (Wiley, Exr.)

Opinion by

Kenworthey, J.,

In the search for the true facts of this case — how and under what circumstances appellee became possessed of the stock certificates — the lower court was, and now this court is, involved in a game of hide-and-seek. Knowledge of the facts with any degree of certainty would require a clairvoyance which, unfortunately, we do not possess. Appellant-executor effectively closed the mouth of appellee by invoking the ‘dead-man’s rule’ of the Act of 1887 1 and then offered no evidence. This is not to be regarded as a criticism of counsel, but is a manifestation of one of the…