43 So. 731 | Ala. | 1907
This was a bill filed in the chancery court, by the appellee, (complainant), a lunatic, by her guardian, against appellants, who are administrators 'of the estate of J. B. Wilkerson, complainant’s deceased husband; one of said defendants, Malinda Holloway, being also his only heir. The bill is for the purpose of having a resulting trust declared in favor of complainant in certain lands which, it is alleged, were bought by said J. B. Wilkerson; on the 14th day of November, 1874 with moneys belonging to complainant. The purchase price of the lands was $1,000. The record of the final settlement of the estate of complainant’s father, James M.. Lauderdale, shows that the said settlement was made on the 9th of April, 1872, and according to the interpretation of the complainant she received at that time $661.73, in addition to $973.90 which had been
The defendants objected to the testimony of J. S. Lauderdale, and moved to exclude the same, on.the ground that said witness was not competent, to testify as to any transaction with or statement by J. B. Wilkerson, who is now dead, and whose estate is interested in the result of this suit. As said Lauderdale is guardian, and as such a party to this suit, liable for costs, and would also be entitled to. commissions in the management of said property for the use of his ward if the trust should be declared, the objection to his testimony was properly made, and should have been sustained.— Code 1896, § 1794; Adler v. Pinn, et al., 80 Ala. 351.
The decree of the court is reversed, and a decree will be here rendered, dismissing complainant’s bill.
Revei sed and rendered.