Sec. 6. (a) This section applies:

(1) when an agent of a decedent testifies on behalf of an executor, administrator, or heirs concerning any transaction the agent had:

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Terms Used In Indiana Code 34-45-2-6

  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Grantor: The person who establishes a trust and places property into it.
  • Testify: Answer questions in court.
(A) with a party to the suit, or the party’s assignor or grantor; and

(B) in the absence of the decedent; or

(2) if any witness testifies on behalf of the executor, administrator, or heirs, to any conversation or admission of a party to the suit, or the party’s assignor or grantor, made in the absence of the deceased.

     (b) The party against whom the evidence is adduced, or the party’s assignor or grantor, is competent to testify concerning the matters described in subsection (a).

[Pre-1998 Recodification Citation: 34-1-14-8 part.]

As added by P.L.1-1998, SEC.41.