Flack v. Brewster

Citations

• 107 Kan. 63
• 190 P. 616
• 1920 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Menial Capacity of Grantor — Privileged Communications— Evidence of Physician — Waiver. In an action by heirs of a deceased grantor, contesting the validity of a deed executed by the grantor to her sister shortly before her death, upon the ground of the unsoundness of her mind at the time of the execution, the testimony of a physician who attended her in her last illness as to knowledge gained by him in his professional capacity, relating- to her mental condition, may be admitted, where the heirs of the deceased grantor have waived the statutory privilege afforded by section 321 of the civil code.</p> <p>2. SAME — Evidence — Privileged Communications — Parties Entitled to Assert the Statutory Privilege As the defendant in the action, although a sister of the deceased grantor, claimed no rights as heir or devisee, but defended solely on the basis of being the grantee in the deed, she is not entitled to assert the statutory privilege, or object to the testimony of the physician in regard to the competency of the grantor.</p>