Swoope's Estate

Per Curiam,

At the audit of the account of the executors, a claim against the testator on an alleged oral guaranty of certain bonds was presented by the receiver of a national bank. To prove the contract, the receiver offered the testimony of two witnesses. The evidence of one of them was excluded on the ground that he was a stockholder of the closed bank and, as a surviving party, incompetent under the Evidence Act: May 23,1887, P. L. 158, section 5 (e), 28 P. S., section 322. The learned auditing judge found that, notwithstanding the receivership and payment of his 100% assessment as…