Taylor v. Taylor

ON PETITION TO TRANSFER

DeBRULER, Justice.

This case comes to us on petition to transfer. Taylor v. Taylor (1994), Ind.App., 632 N.E.2d 808. Ind.Appellate Rule 11(B). Appellant Patrick Taylor challenges a judgment determining heirship. We grant transfer in order to address the following issues:

1) whether the incompetency of a witness under Indiana Code § 34-1-14-6 to -7, the so-called "Dead Man's" statute, is waived by a party when the party employs that witness's deposition in support of a motion for summary judgment;

2) whether the trial court erred in granting partial summary judgment that…