WITNESSES, § 61 — interest as disqualification, person liable to claimant against estate. In claim against estate for money loaned to decedent, decedent's father who testified for claimant was incompetent because he was directly interested in having the claim allowed, where he was liable to claimant either on an original or collateral promise to pay the loan, and the fact that the statute of frauds might bar claim against him did not remove the disqualification, because the statute is a personal defense and may be waived by the person sought to be charged, but uncontradicted testimony of decedent's brother tended to establish the claim, the circuit court had not passed upon his credibility by seeing him on the stand because only the transcript of evidence presented before the county court was introduced in the circuit court, and transcript did not justify circuit court in disregarding such testimony, so that judgment against claimant would be reversed and cause remanded for trial de novo.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE DADY.
"Not to be published in full." Opinion filed May 31, 1941.