26 S.E. 816 | N.C. | 1897
The defendants were incompetent under section 590 of The Code to testify to any alleged personal agreement or transaction between them and the mother, now deceased, under whom the plaintiff claims. Indeed, it would be difficult to find a case falling (179) more directly within the very words of the statute. That the plaintiff herself is alleged to have been a party to the agreement (which she denies), does not affect the matter, as it is not the plaintiff's assent; but the agreement of her deceased ancestor, which was sought to be shown, in order to correct the fee simple deed taken by such ancestor into a trust for life to her, with remainder as tenant in common to the plaintiff and the defendants. Barbee v. Barbee,
Peacock v. Scott,
Error.
Cited: Peterson, In re,