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Miller v. NBD Bank, N.A.

    Brief Fact Summary. This excerpt involves Indiana's "Dead Man's Statute". 

    Facts. This case involves Indiana's "Dead Man's Statute". 

    Held. The dead man's statute provides in relevant part:  "[i]n suits or proceedings in which an executor or administrator is a party, involving matters which occurred during a lifetime of the decedent, where a judgment or allowance may be made or rendered for or against the estate represented by such executor or administrator; any person who is a necessary party to the issue or record, whose interest is adverse to such estate, shall not be a competent witness as to such matters against such estate…." A purpose of this statute is "to prevent persons from testifying against the estate as to transactions, acts or conversations of the decedent when the decedent's 'lips are sealed by death. ' "  Another is to prevent fraud. 
    Discussion.  The authors of the textbook use the case to explain why certain testimony may not have been admissible in [Wilhoite v. Beck].


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