In re Estate of Wax

Citations

• 106 Cal. 343
• 39 P. 624
• 1895 Cal. LEXIS 611

Syllabus

<p>Estates of Deceased Persons — Contest of Wild—Insanity — Evidence—Disposition of Deed.—Upon a contest of the probate of a will upon the ground that the testator was not of sound and disposing mind when the will was executed, where a brother of the testator had testified that his manner was peculiar and strange, that their mother made a deed to them jointly, prior to the making of a deed by her to decedent, and that decedent told the witness what became of the deed, a question asked the witness as to what he said became of that deed was properly overruled as irrelevant and immaterial, in the absence of any showing when the deeds were made, or what land or property, if any, was transferred thereby, no offer being made to prove that the deed was treated or disposed of otherwise than deeds usually are by the holders thereof.</p> <p>Id.—Drawing of Will — Communications Between Attorney and Client—Waiver of Objection—Motion to Strike Out Evidence. Where the evidence of an attorney who drew the will was offered in support of its validity, and objected to by the attorney of the contestants, upon the ground that the evidence offered called for confidential communications between client and attorney, and the objection was withdrawn, such withdrawal deprived the contestants of the right afterward to move to have the testimony stricken out, upon the ground that the statements made by the witness consisted of confidential communications made between client and attorney.</p> <p>Id.—Testimony of Attorneys as Attesting Witnesses — Waiver of Secrecy.—When a testator requests his attorneys to sign a will as attesting witnesses, he in effect consents that whenever the will is offered for probate they may be called as witnesses and testify to any facts, within their knowledge, necessary to establish its validity, and waives the requirement of secrecy.</p> <p>Id.—Rational Conduct of Business Transaction—Opinion of Witness.—Where a witness has testified to a business transaction with