The Dead Man's Statute in Pennsylvania
![handle is hein.journals/temple32 and id is 401 raw text is: 1959]
THE DEAD MAN'S STATUTE IN PENNSYLVANIA
JOHN A. CARPENTERt
One of the most strongly entrenched evidentiary principles of the
common law was that a party to the record in a lawsuit was generally
incompetent to testify.' This common law principle was equally ap-
plied to actions against a representative of a decedent.2 The principle
was fully endorsed by Pennsylvania until April 15, 1869. On this date
the Pennsylvania legislature removed the broad disqualification, grant-
ing witnesses competency to testify in all but a few instances.' One of
these instances was where the action was by or against executors, ad-
ministrators, or guardians. Another was where the assignor of the
thing or contract in action was dead.4 Incompetency extended to mat-
ters occurring before and after decedent's death. The 1869 Act, how-
ever, was subsequently amended so as to make a witness incompetent
only as to matters occurring prior to the death of the party to the thing
or contract.' The Act of 1869 and its Supplement in 1870 restrict the
broad common law principle to a narrower area of application.
In 1887 a new Act, popularly referred to as the Dead Man's
Statute, was enacted in Pennsylvania, repealing all other Acts on this
t A.B. Pennsylvania State University, L.L.B. University of Pennsylvania. As-
sociated with Carpenter and Carpenter, Sunbury, Pa.
1. 1 GREENLEAF, EVIDENCE § 329 (Lewis Ed. 1899):
Common Law Did Not Allow a Party to the Record to Be a Witness.-
And first, in regard to parties, the general rule of the Common Law is, that a party
to the record, in a civil suit, cannot be a witness either for himself, or for a co-suiter
in the case. The rule of the Roman Law was the same. Omnibus in re propria
dicendi testimonii facultatem juru submoverunt.
2. 11 AMERICAN AND ENGLISH ENCYCLOPEDIA OF LAW 543 (2d ed. 1899)
4. Transactions with Deceased Persons-
a. At Common Law.-As the common law disqualified all persons from testi-
fying in any suit in which they had an interest, it follows that at common law a
person would be incompetent to testify against a representative of a deceased
person if the witness were interested in the result.
3. Act of April 15, 1869, P.L. 30:
Be it enacted by the Senate and House of Representatives of the Commonwealth
of Pennsylvania in General Assembly met, and it is hereby enacted by the authority
of the same, That no interest nor policy of law shall exclude a party or person from
being a witness in any civil proceeding: Provided, This act shall not alter the law,
as now declared and practiced in the courts of this commonwealth, so as to allow
husband and wife to testify against each other, nor counsel to testify to the confi-
dential communication of his client; and this act shall not apply to actions by or against
executors, administrators or guardians, nor where the assignor of the thing or con-
tract in action may be dead, excepting in issues and inquiries devisavit vel non and
others, respecting the right of such deceased owner, between parties claiming such
right by devolution on the death of such owner.
4. Act of April 15, 1869, supra note 3.
5. Act of April 9, 1870, P.L. 44 § 1.
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The Dead Man's Statute in Pennsylvania
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