Sussman v. Barash

Opinion by

Mr. Justice McWilliams.

This writ of error involves the statute commonly referred to as the Dead Man’s Statute (C.R.S. ’53, 153-1-2), and its application, if any, to the controversy engendered by the Barash family.

Solomon Barash died testate, leaving his estate to his surviving widow and four children. Thereafter Esther Barash Sussman, Solomon’s sister, filed a claim for $3000 against her deceased brother’s estate, the basis of her claim being the “promise of the deceased to give claimant this amount to apply to purchase of a home.” Upon hearing, this claim was allowed and judgment…