Allers, Trustee v. LEITCH, EXEC.

*395Prescott, J.,

filed the following concurring opinion.

In this suit, the appellant, plaintiff below, entered suit in dual capacities: one, as trustee of an alleged trust; and two, as next friend of his minor children. The suit was instituted against an executor, and the appellant had made a deposition which contained statements made by, and transactions that he had had with, the testatrix; and this deposition was offered into evidence at the trial. Seasonable objection having been made thereto, under the provisions of sec. 3 of Art. 35 of the Code the court declined to admit the deposition into…