
    Estate of LOUISA C. GOFF, Deceased.
    [No. 20,255;
    decided April 12, 1897.]
    Witnesses—Competency of Husband and Wife.—Subdivision 1 of section 1881 of the Code of Civil Procedure, in disqualifying husband and wife to testify for or against each other, is a declaration of the common law.
    Witnesses—Competency of Husband and Wife.—In furtherance of justice and for the purpose of exposing fraud, courts are inclined to relax the rule that husband and wife are disqualified to testify for or against each other.
    Witnesses—Competency of Husband and Wife.—When the executor and proponent of a will is made the defendant in a contest thereof, he and his wife, she being the sole, beneficiary under the will, may not refuse to testify because of the relation of husband and wife.
     