Mahoney v. Healy

Citations

• 10 Del. Ch. 311
• 91 A. 208
• 1914 Del. Ch. LEXIS 19

Syllabus

<p>Upon a bill brought by the grandchildren of a decedent to set aside certain transfers of property made by her in her lifetime, on the ground of undue influence and mental incapacity, an attorney was competent to testify whether he had visited deceased as to the making of her will, as bearing upon her mental condition, since the rule of privilege does not apply in litigation instituted after the death of the client, and where all the parties claim under the client.</p> <p>Instructions to an attorney as to drawing a will are not privileged communications, in a contest to establish the will.</p>