In re Estate of Michael Fili

The important questions here concern the extent, if any, to which claimant was disqualified as a witness under the ""dead man's statute,"" section 622.4, Code, 1946. The proceeding was based on her claim for services allegedly rendered by her, mistakenly believing she was decedent's legal wife. The claim was resisted by the administrator of decedent's estate (Joseph Fili, his son) and by the intervenor-guardian of decedent's incompetent widow, Ruth Fili. It does not appear, however, that the widow is financially interested in the proceedings. The answer admitted there was a purported marriage ceremony between claimant and decedent, Michael Fili, November 25, 1936, and that said marriage had previously, in the estate proceedings, been adjudged illegal because he had a wife living and undivorced. It seems undisputed the wife was in a mental institution at all times pertinent to the litigation. Trial was to the court — jury waived.