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Estate of Welch

1 Myrick 202 Court S.F. Prob. Ct. Decision date 1878-10-15 Docket No. 8686 English

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p. 202
ESTATE OF JOHN WELCH.
No. 8686
Oct. 15, 1878.

Headnote

Evidence.—Witness.—A creditor can testify as to the fact of the indebtedness of decedent to him on hearing of application for letters.
Construing sections, O. 0. P., 1365, 1378, 1880.
M. Cooney, for Cannon.
A. P. Needles and G. D. Buckley, for Longhman.

The two applications were heard together. Longhman offered himself as a witness to prove that deceased was indebted to him. Mr. Cooney objected, that a creditor is not competent.

The witness is not within Sec. 1880, C. P. This is not a proceeding against an executor or administrator, but is a controversy between two persons claiming administration. When Longhman presents his claim for allowance, a different point will be presented.

Objection overruled.