Supreme Court of North Carolina September 5, 1893 (Williams v. . Cooper)

Clark, J.:

The plaintiff, administrator and distributee of the payee, was competent to prove the execution of the bond by the defendant. The incompetency attaches only to the surviving party to the transaction.

The Code,

§590. The representative of the deceased can testify, if he so elect, under penalty of making the surviving party a competent witness to the same transaction.

Thompson

v.