Bruington v. Wagoner

Citations

• 100 Kan. 10
• 164 P. 1057
• 1917 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Bank Stock — Mental Incapacity of Grantor and Assignor. Evidence examined and held sufficient to sustain the findings of the trial court that the grantor of instruments conveying his real property and assigning his bank stock to defendants was mentally incompetent and incapable of making them at the time of their execution and delivery.</p> <p>2. Physician — Statutory Incompetency to Testify May be Waived. “The heirs at law of one who has been treated by a physician may waive the provisions of the statute making a physician incompetent to testify to any knowledge obtained in his professional capacity from his patient.” (Fish v. Poorman, 85 Kan. 237, syl. ¶ 6, 116 Pac. 898.)</p>