Sec. 5. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor: (1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or (2) to affect property described in subdivision (1) in any manner. (b) This section does not apply in a proceeding to contest the validity of a: (1) will; or (2) trust. (c) Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor. (d) A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6). [Pre-1998 Recodification Citation: 34-1-14-7.]
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