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PAGE V. BURNSTINE, 102 U. S. 664 (1880)

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U.S. Supreme Court

Page v. Burnstine, 102 U.S. 664 (1880)

Page v. Burnstine

102 U.S. 664

Syllabus

1. Sec. 858 of the Revised Statutes of the United States, which declares

"that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with, or statement by, the testator, intestate, or ward unless called to testify thereto by the opposite party, or required to testify thereto by the court,"

applies to the courts of the District of Columbia as fully as to the circuit and district courts of the United States.

2. A. assigned to the amount of a certain loan his interest in a policy of insurance upon his life to B., his creditor. The latter agreed in writing to make such a settlement with A's representatives as the case may require, should he, in the event of A.'s death before the payment of the money, receive from the insurance company the amount due on the policy. Other similar assignments were from time to time made. The last assignment imports an absolute transfer to B. of all A.'s right, title, and interest in the policy and to the payments previously made therefor, and all benefit and advantage to be derived therefrom. Upon consideration of the evidence, held that the assignment must be construed as appointing B., upon the death of A., to receive from the company such sum as would then be due on the policy, and after reimbursing himself to the extent of his loans to A., to pay the balance to the persons entitled thereto.


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