By the Court.

delivering the opinion.

It was no error in the Court to substitute, upon motion, the name of the new trustee, in the place of the former trustee — Peyton L. Wade — any more than it would be one prochiem ami, or guardian ad litem, in lieu of another, which is the every-day practice. The Act of 1859 expressly authorizes it. It was the law before.

As to the second error assigned, we are clear that Mr. *32Powell, the husband, was not a competent witness to testify, in respect to the separate estate of his wife, although she was not the party to the record, but yet the direct beneficiary of the suit; and all the authorities concur upon this point. (1 Greenleaf. Ev., sec. 341. 1 Burr, 424; 4 F. Rep., 668; 5 Beav., 443; & Bin., 483; 2 Stark on Co., Part 1, 550, 551.) He is excluded, not so much on the score of interest and the temptation to commit perjury, but upon a great ground of public policy — the preservation of domestic peace and conjugal confidence.

For admitting the evidence of Mr. Powell, the husband, the judgment of the Circuit Court must be reversed.