Points v. Nier

Citations

• 91 Wash. 20
• 157 P. 44
• 1916 Wash. LEXIS 1004

Syllabus

<p>Witnesses- — Privilege—Waiver—Physicians as Witness to Will. The testatrix’s attending physician who attests the will is not excluded from testifying as to its execution and the testamentary capacity of the testatrix by Rem. & Bal. Code, § 1214, which provides that a physician shall not, without the consent of his patient, be examined in a civil action as to any information acquired in attending his patient which was necessary to enable him to prescribe or act for the patient; as the privilege is waived by requesting the attestation. °</p> <p>Wills — Execution and Attestation — Evidence—Sueeiciency. The evidence shows due execution and attestation of a will where it appears that the testatrix, being too feeble to subscribe her name, was assisted in making her mark, stated that she understood it, and the witnesses attested it in her presence and in the presence of each other, upon a request to do so made in her presence; a signature by mark being sufficient, and a request being inferred from the circumstances, where another makes the request in her presence.</p> <p>Wills — Mental Capacity — -Evidence—Sueeiciency. A finding of testamentary capacity, upon conflicting evidence will be sustained where there was but one witness against the validity of the will, who was contradicted by two attending physicians who acted as attesting witnesses, although the mental condition of the testatrix was doubtful and suspicious and the will was in the sole custody of her husband and chief beneficiary, there being no circumstances preponderating against the finding of the lower court.</p>