OPINION BY MR. JUSTICE ROBERTS, November 14, 1967:
As framed by appellant's counsel, this case presents but a sole issue: Did counsel for the appellee-estate waive his right to object under the Dead Man's Act, Act of May 23, 1887, P.L. 158, § 5, 28 P.S. § 322 to the testimony of Madeline Byrne. We are convinced that counsel did not waive this objection and therefore affirm the lower court decree rejecting appellant's claim.
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