Legal Opinion

Wilkie v. Wilkie

Court of Appeals of North Carolina

Decided August 17, 1982No. 8129SC1118PublishedCited by 4 opinions

1Opinion of the Court

BECTON, Judge.

By Assignments of Error Nos. 1, 2, 7, 8, 9, 10 and 12, defendants argue that the admission of plaintiff’s testimony regarding transactions and communications with the decedent violated G.S. 8-51, the dead man’s statute. G.S. 8-51 precludes an interested witness from testifying at trial about personal transactions or communications between the witness and a deceased person when either the witness or the person he, is testifying against derives his interest or title from, through or under the deceased person.

In ruling on the admissibility of plaintiff’s testimony concerning…

2Cases cited4 opinions

  1. Rappaport v. Days Inn of America, Inc.Supreme Court of North Carolina · 1979
  2. Hayes v. RicardSupreme Court of North Carolina · 1956
  3. Cline v. ClineSupreme Court of North Carolina · 1979
  4. Stone v. Paradise Park Homes, Inc.Court of Appeals of North Carolina · 1978

3Cited by4 opinions

  1. Lee v. KeckCourt of Appeals of North Carolina · 1984
  2. Breedlove Ex Rel. Howard v. AEROTRIMCourt of Appeals of North Carolina · 2001
  3. Estate of Redden Ex Rel. Morley v. ReddenCourt of Appeals of North Carolina · 2009
  4. Weeks v. JacksonCourt of Appeals of North Carolina · 2010

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