161 Pa. 393 | Pa. | 1894
Opinion by
The single question presented by this record is whether or not an executor is a “disinterested” witness within the meaning of the act of April 26, 1855, relating to the execution of wills containing bequests to charity. Competency was made by the terms of that act to depend upon the fact that the required witnesses were “ disinterested ” at the time of attestation ; but it furnished no test as to what should constitute interest, and therefore left it to the definition of existing law. “ The true test of the interest of a witness,” says Greenleaf, vol. 1, sec. 390, “ is that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain and vested interest, and not an interest uncertain, remote or contingent.” Substantially the same definition was given by this court, in Combs’s Appeal, 105 Pa. 155, as a test of competency of witnesses in the construction of this very act. “ By all authority,” said Mr. Justice Trunkey, “ a witness is not incompetent, on the score of interest, unless he has a certain, not a possible, benefit in the event of the suit, or in the matter in controversy; and an agent, servant or employee is a competent witness for, as well as against, his employer. Within the meaning of the statute, a disinterested witness is one who has no legal interest;” and it was accordingly held that an employee of the corporation, which was the sole object of testator’s bounty, was competent. Tested by this rule, the executor in the present case was cer
It is therefore clear, both upon reason and authority, that the executpr is a “ disinterested ” witness within the meaning of the act of 1855, and the decree of the court below should be affirmed.
Decree affirmed and appeal dismissed with costs to be paid by the appellants.