Townshend v. Townshend

Mason, J., delivered the opinion of this court. We have nothing to do with the general merits of this con* troversy. We are confined, by the record, to the consideration of hut two isolated questions, presented by the only two exceptions in the Case. The competency of Robinson as a legal witness in this cause, is the question raised on the first exception.

This witness is objected to upon the ground of interest. The appellees insist upon his competency, upon three several grounds, any one of which, if tenable, would constitute the party a legal witness. It is insisted, in the first place, that the alleged interest of the witness is not of such a character as to disqualify him; secondly, that having sworn the witness upon his voir dire, the appellants are concluded by his disclaimer of all interest in the suit; and thirdly', that whatever interest the witness may have had in the result of the suit, has been fully discharged by the release executed to him by the administrator. Without exptessing any opinion upon tire last two positions, we think the first was well taken.

We cannot, discover that this witness had any interest in the result of this suit sufficient to incapacitate him to give evidence. Whatever may be the ultimate result of the proceedings upon the several issues involved in this case, the liability of the witness could not thereby be materially diminished or enlarged. The interest is ³⁰² supposed to arise in this way: if the will should be vacated, George Townshend, the principal in the note, asoné of the heirs and distributees of John Townshend, the testator,