Estate of Wheeler

Pursuant to an agreement in writing be-

tween Ben Morgan, executor, and Edgar W. Hawkins, claimant, under section 1507, Code of Civil Procedure, and approved by the court, this claim was referred to Edmund Tauszky, a court commissioner, on September 18, 1887. Afr terward, to wit, on October 18, 1887, the report of the referee, recommending the allowance of the claim, was filed in this court, and on November 17, 1887, exceptions and objections were filed on behalf of the executor to the report and to the recommendation, upon the ground that the evidence supporting the claim, being that of the claimant, was inadmissible" under subdivision 3, section 1880, Code of Civil Procedure, which reads:

[“The following persons cannot be witnesses . . . .”]. “Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted against an executor or administrator, upon a claim or demand *33 against the estate of a deceased person as to any matter of fact accruing before the death of such deceased person.”

Assuming the applicability of the section cited to such a case as this, it is my opinion that the objection is not now in order. No…