Indiana Statutes
§ 34-45-2-7 — Agent of decedent; contracts
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 45 WITNESSES·Ch. 2 Competent and Incompetent Witnesses
(a)Except as provided in subsection (b), a
person who acted as an agent in the making or continuing of a contract
with any person who has died, is not a competent witness, in any suit
upon or involving the contract, as to matters occurring before the death
of the decedent, on behalf of the principal to the contract, against the
legal representatives or heirs of the decedent.
(b)If the person is called by the decedent's heirs or legal
representatives, the person is a competent witness, as to matters about
which the person is interrogated by the heirs or representatives.
[Pre-1998 Recodification Citation: 34-1-14-8 part.]
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Related
Thomas Moriarty, as Personal Representative of the Estate of Donna Davis v. West Morgan, LLC (mem. dec.)
(Indiana Court of Appeals, 2016)
Legislative History
As added by P.L.1-1998, SEC.41.
Nearby Sections
15
§ 34-10-1-2
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Filing of claim by an offender with three prior actions dismissed as
frivolous; exception§ 34-10-2-1
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Employment related actions§ 34-11-2-10
Enforcement of child support obligations§ 34-11-2-10.5
Employment related action by volunteer firefighter or member of
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Written contract actions§ 34-11-2-11.5
Recovery of certain costs§ 34-11-2-13
Foreign country judgment