57 Miss. 834 | Miss. | 1880
delivered the opinion of the court.
The creditors of the testator in his lifetime, whose demands had been paid by the executor without their having been probated, allowed and registered, as provided for by law, were competent witnesses for the executor to testify to the propriety of his disbursement in paying such demands. They are not excluded by § 758 of the Code, or by the amendment of that section by the Act of 1878 (Acts 1878, p. 190). Their ex parte affidavits would have secured the precedent allowance of their claims, which would have justified their voluntary payment by the executor ; and, a fortiori, should the testimony of the creditors as witnesses, subjected to cross-examination by the
Reversed.