Chapter 42 - § 42.10 • PERSONS PROTECTED BY DEAD MAN'S STATUTE

• Jurisdiction: Colorado

§ 42.10 • PERSONS PROTECTED BY DEAD MAN'S STATUTE

The following are summaries of cases in which persons were protected by the dead man's statute.

In a hearing on a motion to set aside the approval of a claim against an estate, which action would injure the heir of the deceased claimant, the administratrix cannot testify as to the conduct of the deceased claimant.⁶⁷

In a hearing on a claim for services to the decedent, the plaintiff may not testify against the administrator.⁶⁸

An administratrix, suing on her own behalf to impress a trust on property in the name of the decedent, could not testify as to the facts surrounding the acquisition of the title by the decedent. She should have had someone appointed to represent the rights of the estate and the minor heir.⁶⁹

When an heir or representative is defending and there are other defendants, the statute protects the estate but not the other defendants.⁷⁰

In a suit to cancel a trust deed note and to quiet title, the note being held by a representative, the makers could not testify.⁷¹

In an action on a book account against the estate, the plaintiff cannot testify to make the preliminary proof required to make the account book admissible under C.R.S. § 13-90-103.⁷²

In a suit brought by an heir of the grantor to declare a deed to be a mortgage, the adverse party may not testify.⁷³

In a suit against a devisee over a mining claim that had been relocated, the plaintiff could not testify.⁷⁴

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Notes:

^[67] Lego v. Olson, 136 P.2d 277 (Colo. 1943).

^[68] Young v. Burke, 338 P.2d 284 (Colo. 1959).

^[69] Fetta v. Vandivier, 34 P. 168 (Colo. App. 1893), aff'd, 38 P. 466 (Colo. 1894).

^[70] Haffner v. Van Blarcom, 272 P. 621 (Colo. 1928); Watson v. Woodley, 207 P. 335 (Colo. 1922).

^[71] Sartor v. Wells, 89 P. 797 (Colo. 1907).

^[72] Estate of Durant, 264 P. 657 (Colo. 1928).

^[73] S. J. Thomas Realty Co. v. Guthrie, 204 P. 330 (Colo. 1922).

^[74] Lancaster v. Coale, 150 P. 821 (Colo. App. 1915).