New York Court of Appeals

John F. Hobart, Appellant v. Chester L. Hobart, Respondents

May 25, 187562 N.Y. 80

Summary

The Court of Appeals reversed the judgment and ordered a new trial because it held that the heirs who were not parties were not disqualified by section 399 of the Code and could testify about personal transactions and communications with the deceased, and that the trial court erred in excluding that testimony.