When executor or administrator is a party

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§ 1603. When executor or administrator is a party

When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts done or contracts made since the probate of the will, or since the appointment of the administrator, and to meet or explain the testimony of living witnesses produced against him or her. This section shall not apply to actions founded on tort. (Amended 1961, No. 166, § 2.)


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