No. 43271. June 19, 1936. WITNESSES: Competency — dead man's statute — nonparticipation 1 in transaction. Principle reaffirmed that, under the "dead man's" statute (sec. 11257, C., '35), a witness, otherwise incompetent, may testify to a transaction or conversation in which said witness took no part. EVIDENCE: Weight and sufficiency — documentary evidence — improper disregard of. Appeal from Pottawattamie District Court. — JOHN P. TINLEY, Presiding Judge. The issue in this case arose in a proceeding
Having specifically bequeathed his wearing apparel, household furniture, books, watch and personal ornaments, appraised at $1,000, a testator gave the residue of his estate, consisting of land worth $8,000, and stocks, bonds, and savings-bank deposits worth about $280,000, to his executors in trust, directing them to convert "all my real estate and all my personal property into money, as soon as in their judgment the same can be done without loss," and to invest the proceeds in such securities as