Peralta

Mr. Chief Justice Murray concurred.

On the trial of an issue of fact involving the validity of the will of Luis Peralta, deceased, the appellants offered as a witness one J. A. Forbes, a subscribing witness to said will. The respondents objected to the competency of the witness, and in support of their objection produced the record of certain deeds executed by two of the appellants in favor of witness, conveying certain lands inherited from Luis Peralta, being part of the property devised by said will; also a certain agreement between witness and one Sullivan, in which witness bound himself to warrant the title of certain land, sold by him, as assignee of one of the appellants against the claims of the heirs of Luis Peralta. Witness being examined on his voir dire, stated, that the conveyances had been executed for the purpose of enabling him to manage and dispose of the property for the benefit of the grantors; that he paid no consideration for said conveyances, and was not interested in any part of the land conveyed. Witness also stated that he had executed the agreement with Sullivan; that he had retained in his hands a portion of the purchase money of the lands, as indemnity…