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MATTER OF MEAD

129 A.D.2d 1008 (1987)

In the Matter of The Estate of Arthur W. Mead, Deceased. Haydon A. Mead, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 3, 1987

Decree unanimously affirmed without costs.

Memorandum:

The court erred in excluding the testimony of Kathleen Mead, the wife of Haydon Mead, concerning personal transactions with the decedent, Arthur Mead. The parties raising an objection to the competency of testimony under the Dead Man's Statute (CPLR 4519) have the burden of proving incompetency (Harrington v Schiller, 231 N.Y. 278, 286; Franklin v Kidd, 219 N.Y. 409, 413-414; Abbot v Doughan...

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