In re Estate of Flint

Citations

• 100 Cal. 391
• 34 P. 863
• 1893 Cal. LEXIS 806

Syllabus

<p>Contest of Will—Insanity of Testator—Evidence—Testimony of Attending Physician.—In a proceeding to contest a will for alleged unsoundness of mind of the testator at the time of its execution, testimony of the attending physician of the testator that he prescribed for him for mental trouble is not admissible in evidence.</p> <p>Id.—-Heirs Cannot Waive Privileged Communications.—An heir of a decedent, who contests the probate of a will with a devisee, is not the representative of the deceased, and cannot waive the privilege attaching to communications from the deceased to his physician.</p> <p>Id.—Object of Code Provision.—The object of section 1881 of the Code of Civil Procedure, which provides that communications made by a patient to his physician or surgeon are privileged, is to enable the patient to make a full statement of his physical infirmities to his physician, with the knowledge that the law recognizes the communications as confidential, and guards against the possibility of his feelings being shocked, or his reputation tarnished by their subsequent disclosure.</p> <p>Id.—Experts.—Hypothetical Question—Opinion of Attending Physician.—Upon an issue as to the unsoundness of mind of a testator at the time of making his will, testimony of his attending physician, in answer to a hypothetical question as to his opinion, as an expert, of the patient’s mental soundness, based upon a state of facts describing the deceased’s physical condition, as testified to by the doctor himself, is properly admitted in evidence; and the fact that the condition of the patient, as described in the question, was personally known to the witness, is immaterial.</p> <p>Id.—Undue Influence—Improper Evidence—Action of Wife Before Marriage.—In a contest over the probate of a will, upon the ground of undue influence upon the part of the devisee in procuring the execution of the will, the admission of evidence upon the part of the contestant to prove that the devisee, who was the wife of