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OSIRIS D. McCONNEL, executor, c., respondent, v. KATHERINE N. STRYKER,appellant.

1. Suit by executor to recover bonds claimed by defendant to have been given her by testator; held, that under the evidence, although testator had intended to give the bonds to defendant he had failed to make a complete gift.

2. In a suit in which one party sues as executor but has not testified to any transaction with, or statement by, his testator, testimony by a defendant as to transactions with, or statements by, testator is inadmissible on objection by other parties to the suit, notwithstanding objection is not made by the executor.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Buchanan.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, KALISCH, BLACK, CAMPBELL, LLOYD, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 13.

For reversal — None.

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McCONNEL v. STRYKER
(May 20, 1929)