When an executor or administrator is a party, the other party shall not be permitted
to testify in his or her own favor, unless the contract in issue was originally made
with a person who is living and competent to testify, except as to acts done or contracts
made since the probate of the will, or since the appointment of the administrator,
and to meet or explain the testimony of living witnesses produced against him or her.
This section shall not apply to actions founded on tort. (Amended 1961, No. 166, § 2.)
Jeffrey D. Hayes & Deborah Hayes McGraw v. Mountain View Estates Homeowners Ass'n, 188 A.3d 678 (Vt. 2018). “¶ 34 (quoting 12 V.S.A. § 1603 ). We explained that the erroneous evidentiary ruling was prejudicial to the homeowners: If the superior court had considered all of the testimony of the co-administrators concerning their parents' promises to homeowners, and the specific testimony…”
Foucher v. First Vermont Bank & Trust Co., 821 F. Supp. 916 (D. Vt. 1993). “A. § 1602 (1973). 6 The Estate also argues that section 1603 of title 12 applies here; however, that statute expressly provides that it does not apply to actions founded on tort, such as this one.”
Hayes & Hayes-McGraw v. Town of Manchester Water & Sewer Boards & Mountain View Estates Homeowners Ass'n, 2014 VT 126 (Vt. 2014). · cites it 2ד12 V.S.A. § 1603. ¶ 20. On appeal de novo to the superior court, the homeowners requested that the court order the estates to dedicate the infrastructure to the Town, to pay the Town $600,000 should the Town accept the dedication, and to maintain the infrastructure at the sole…”
In Re Est. of Farr, 552 A.2d 387 (Vt. 1988). · cites it 2דThe only statutory exception possibly relevant to this appeal is where the testimony is offered “[t]o meet or explain the testimony of living witnesses produced against him.”
Smith v. Lentini, 220 A.2d 291 (Vt. 1966). “” The defendant introduced evidence through a living witness concerning the note.”
White v. Hubbard, 306 A.2d 707 (Vt. 1973). “*427 The court was correct in its application of 12 V.S.A. § 1603 which provides: “When an executor or administrator is a party, the other party shall not be permitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and…”
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