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DAVIS v. DAVIS

No. 46941.

536 P.2d 915 (1975)

Alice J. DAVIS a/k/a Alice Davis, Appellant, v. Emma Sue DAVIS, Administratrix, Estate of Jack Walton Davis, Deceased, Appellee.

Supreme Court of Oklahoma.

June 3, 1975.

Attorney(s) appearing for the Case

Jack Durrett II, Durrett & Johnson, Tahlequah, for appellant.

Tony Jack Lyons, Lyons & Dean and Larry D. Stuart, Pryor, for appellee.

Oklahoma Trial Lawyers Assn. Inc., Robert L. Shepherd, Tulsa, amicus curiae.

IRWIN, Justice:

Presently, the law in Oklahoma is that if an adverse party deposes a party, incompetent to testify under 12 O.S. 1971 § 384 [Oklahoma's Dead Man's Statute], the adverse party waives the incompetency of the deposed party and the protection afforded by the statute. Dean v. Jelsma, Okl., 316 P.2d 599 (1957), cert. den., 355 U.S. 954, 78 S.Ct. 539, 2 L.Ed.2d 530 (1958), reh...

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