RAWLINGS, Justice.
Action at law by Francis P. Bailey, individually, for automobile damage, and as administrator of the estate of Maude Elizabeth Bailey, deceased, for damages resulting from claimed negligence-caused-death of his decedent, killed instantly when the vehicle operated by her collided with defendant’s train. Trial to jury resulted in a judgment on verdict for defendant. From adverse ruling on their motion for a new trial, plaintiffs appeal. We reverse.
At the outset, our review is restricted to the limited record presented.
Prior to trial an application for adjudication of law points was filed by plaintiffs. This, in effect, constituted a withdrawal of any claim for loss of decedent’s company and affection as a spouse, and consortium. Trial court apparently so considered it and never ruled on the matter.
Subsequently plaintiffs moved for “Advance Ruling on Evidence” (Motion in Limine). In brief, it was thereby requested, defendant be barfed from any trial reference to matters connected with a di[562]*562vorce action commenced by decedent, prior to her death, against plaintiff Francis P. Bailey. Thereupon trial court ordered the divorce file and proceedings “shall be inadmissible in the trial of this case.”
In course of trial defendant called as a witness Ward Reynoldson, attorney for decedent in the aforesaid divorce action, incidentally dismissed after her death. Despite timely privileged testimony and hearsay objections interposed by plaintiff individually and as administrator, Mr. Reyn-oldson was permitted to testify regarding statements made to him in course of three consultations with his client, plaintiff-administrator’s decedent, which apparently took place about a year prior to the fatal accident.
On appeal plaintiffs contend, trial court committed reversible error in, (1) failing to enter any order on the adjudication of law points application; (2) failing to fully rule on the pretrial motion relative to introduction of evidence; and (3) permitting attorney Reynoldson to testify regarding statements made to him by his client in the pending divorce action.
These assignments will be considered in the order presented.
I. The initial problem to be resolved is whether trial court erred in failing to act on plaintiffs’ application for adjudication of law points. In this respect we find no reversible error.
First, it is to us apparent an application under rule 105, Rules of Civil Procedure, was inappropriate under the circumstances. See National Farmers Union Property & Cas. Co. v. Nelson, 260 Iowa 163, 168, 147 N.W.2d 839.
This application was in essence a request for an advisory opinion by the court, not involving a true issue of law. See rule 176, R.C.P.; 71 C.J.S. Pleading § 516, page 1073; and 32 Iowa L.Rev. 417, 428. More precisely, no issue existed upon which plaintiffs could effectively invoke rule 105. See 71 C.J.S. Pleading § 512, page 1068.
Actually plaintiffs thereby asked the court to do that which could be best effectuated by them procedurally, via an amendment to their petition.
Finally, by proceeding to trial on the merits, absent any request for a ruling on their application, plaintiffs must be deemed to have waived any right to later complain. See in that regard Shover v. Iowa Lutheran Hospital, 252 Iowa 706, 721, 107 N.W.2d 85; In re Estate of Coleman, 238 Iowa 768, 770, 28 N.W.2d 500; 89 C.J.S. Trial § 658, page 501; 5 Am.Jur. 2d, Appeal and Error, sections 557, page 40, and 562, page 42.
Further discussion of this issue will serve no useful purpose.
II. As heretofore disclosed, plaintiffs filed what is best identified as a pretrial motion in limine. Request was thereby made that defendant be precluded from mentioning or asking any questions in the selection of jurors, or in the jury’s presence during trial of the subject case, regarding (1) claims made by decedent in the divorce action pending against plaintiff at time of her death or to their relationship with respect to affection, cooperation, company, society, companionship, comfort, care, advice, conjugal relations, distress of mind, sorrow or mental anguish; (2) any claims relative to alleged marital infidelity on the part of plaintiff individually in connection with the divorce action and attorney’s fees or costs pertaining thereto, or discontinued marital relationship.
Trial court merely directed the divorce file and proceedings would be inadmissible.
It thus appears there is substance in the complaint here voiced by plaintiffs. Rule 118, R.C.P.
On the other hand this court said in Bourjaily v. Johnson County, Iowa, 167 [563]*563N.W.2d 630, 632: “We have as yet refrained from predicating reversible error solely on the basis of the trial court’s disregard of rule 118, at least in the absence of some compelling cause to hold otherwise. Nevertheless, we have repeatedly stated we much prefer specific rulings on each and every ground of a motion. (Authorities cited).
“Meaningful compliance with rule 118 greatly facilitates appellate procedure in that counsel are apprised of the precise grounds of the adverse ruling and are thereby enabled to properly and narrowly limit their arguments on appeal to the actual grounds responsible for the court’s ruling. The ever increasing volume of appeals renders it imperative the rule be followed.”
On remand, for reasons disclosed infra, trial court might well reconsider propriety of the subject order.
III. The next assignment of error relates to attorney Ward Reynoldson’s testimony. Over timely privileged communication and hearsay objections by plaintiff individually and as administrator, Mr. Rey-noldson testified to the effect Mrs. Bailey was his client in the previously mentioned divorce case, she consulted with him relative to that action on at least three occasions about a year or more prior to the fatal accident, and he was then told, (1) she had been nervous and upset for several years, lost some weight, encountered difficulty in sleeping, and was at times unable to keep from crying; (2) her husband had not stayed at home for years and seldom had a meal there; (3) talk in the community caused her to be upset; (4) the hired man’s wife had five children, the father of the last two being Mrs. Bailey’s husband; (5) an automobile Mrs. Bailey had been permitted to drive was taken from her by Mr. Bailey and the car he used was being driven by the hired man’s wife.
Incidentally, decedent apparently reacquired the automobile or a replacement, since the one she was driving when the accident occurred belonged to her husband.
We shall first consider the privileged communication issue.
To the extent here relevant section 622.-10, Code, 1966, provides: “No practicing attorney, counselor, * * * who obtains such information by reason of his employment, * * * shall be allowed, in giving testimony, to disclose any confidential communication properly entrusted to him in his professional capacity, and necessary and proper to enable him to discharge the functions of his office according to the usual course of practice or discipline.”
At the outset no claim of waiver is asserted. See 8 Wigmore on Evidence, McNaughton Revision, sections 2327-2329, pages 634-641, and Annos. 67 A.L.R.2d 1268. Furthermore, in testifying, Mr. Reynoldson made no reference to any possible or occasional presence of a third party. See Crawford v. Raible, 206 Iowa 732, 739-740, 221 N.W. 474 ; 97 C.J.S. Witnesses § 290, page 818; and 58 Am.Jur., Witnesses, section 492, page 275. Neither do we here deal with the matter of an attorney acting as a scrivener, nor with mental incapacity, undue influence, or pedigree. England v. England, 243 Iowa 274, 51 N.W.2d 437; Olsson v. Pierson, 237 Iowa 1342, 1346-1350, 25 N.W.2d 357, and In re Estate of Conner, 240 Iowa 479, 484-485, 36 N.W.2d 833, superseding the opinion in 33 N.W.2d 866, not contained in Iowa reports.
The attorney-client privilege embodied in Code section 622.10, supra, is of ancient origin. It is premised on a recognition of the inherent right of every person to consult with legal counsel and secure the benefit of his advice free from any fear of disclosure. Thus it protects and belongs to the client alone. Taylor v. Sheldon, 172 Ohio St. 118, 173 N.E.2d 892, 894-896 ; 8 Wigmore on Evidence, McNaughton Revision, sections 2290-2292, pages 542-557; 3 Jones on Evidence, [564]*564Fourth Ed., sections 748-749, pages 1344— 1349; McCormick’s Treatise on Evidence, section 91, page 181; 97 C.J.S. Witnesses § 276, page 782; and 58 Am.Jur., Witnesses, section 483, page 270.
IV. Understandably there must exist an attorney-client relationship and the communication, to be protected, must have been made in confidence, the burden of proof being upon him who seeks to establish the privilege, but no express injunction of secrecy is essential. Allen v. Lindeman, 259 Iowa 1384, 1390-1391, 148 N.W. 2d 610; 8 Wigmore on Evidence, McNaughton Revision, section 2311, page 599; 3 Jones on Evidence, Fourth Ed., section 749, page 1346; McCormick’s Treatise on Evidence, sections 95-96, pages 190-196; and 97 C.J.S. Witnesses § 284, page 808.
V. Additionally, the protective shield provided by Code section 622.10, quoted above, generally survives the client’s death, termination of the relationship, or dismissal of a case in litigation.
To that effect is this authoritative statement in 8 Wigmore on Evidence, Mc-Nauughton Revision, section 2323, pages 630-631: “The subjective freedom of the client, which it is the purpose of the privilege to secure * * *, could not be attained if the client understood that, when the relation ended or even after the client’s death, the attorney could be compelled to disclose the confidences, for there is no limit of time beyond which the disclosures might not be used to the detriment of the client or of his estate. It has therefore never been questioned, since the domination of the modern theory, that the privilege continues even after the end of the litigation or other occasion for legal advice and even after the death of the client.”
As similarly stated in 58 Am.Jur., Witnesses, section 467, page 262: “Ordinarily, the protection given by the law to communications made during the relationship of attorney and client is perpetual, and does not cease with the termination of the suit, nor is it affected by the party’s ceasing to employ the attorney and retaining another, or by any other change of relation between them, or by the death of the client. The seal of the law once fixed upon them remains forever, unless removed by the party himself in whose favor it is there placed.” (Emphasis supplied).
See also 3 Jones on Evidence, Fourth Ed., section 750, page 1350; McCormick’s Treatise on Evidence, section 98, page 199; and 97 C.J.S. Witnesses § 282, page 797.
We now expressly adopt the foregoing principle as it relates to the ordinary attorney-client relationship.
VI. The above, however, does not alone fully reach or resolve the problem now before us.
As stated in 8 Wigmore on Evidence, McNaughton Revision, section 2311, page 599: “The privilege assumes, of course, that the communications are made with the intention of confidentiality.”
Stated otherwise, no privilege protection ordinarily attends when a client imparts information to his attorney, (1) for transmittal to others; or (2) which the attorney is duty bound to make public; or (3) which is contained in any pleading or other document publicly filed or in some manner publicized for and on behalf of the communicant. See also Wolfle v. United States, 291 U.S. 7, 14-15, 54 S.Ct. 279, 280-281, 78 L.Ed. 617; McCormick’s Treatise on Evidence, section 95, page 190; 97 C.J.S. Witnesses §§ 283i, page 804, and 289, page 816; 58 Am.Jur., Witnesses, section 491, page 274; and Annos. 26 A.L.R.2d 858, 864.
VII. Mindful of the foregoing, it is essential we turn now to the controlling trial record.
This first discloses there unquestionably existed between Mr. Reynoldson and Mrs. Bailey an attorney-client relationship when the subject statements were made by the [565]*565latter to the former. And as aforesaid, the client privilege, accorded by law, belonged to Mrs. Bailey alone.
Moreover, there can be no doubt regarding confidentiality of the matters involved, unless the statements by Mrs. Bailey were shown to have been made under such circumstances as to reasonably disclose they were to be communicated to others, or were in fact publicized on behalf of the client by some pleading or other legal paper.
In that respect the aforesaid trial record reveals no possible basis upon which to find Mrs. Bailey then anticipated or understood the questioned statements made by her to Mr. Reynoldson were for communication to others, or were subsequently publicized case-wise.
In fact Mrs. Bailey’s vocal utterances are not shown to have been elicited for use in preparing any pleading, or were so made public. Rather they reveal nothing more than the giving of information by client to attorney for use generally in the discharge of his functions as legal counsel, i. e., information given sua sponte by a trusting client to her retained counsel.
A contrary conclusion would necessitate an assumption on our part, absent any such showing in trial, that Mrs. Bailey intended her comments be conveyed to others, or they were actually embodied in some legal papers filed in the then pending divorce action.
Admittedly, as already disclosed, no express request for secrecy is essential.
By the same token every client must be accorded benefit of the statutory privilege, once established as in this case, unless there is some realistic basis upon which to find absence of confidentiality, or a knowing and voluntary waiver. Any other approach would serve to materially erode the privilege and unduly restrict that free and open rapport between counsel and client so essential to the proper administration of justice. See in this regard Notes under Disciplinary Rules, 4-101, American Bar Association Code of Professional Responsibility, adopted August 12, 1969.
Upon the basis of the record made in trial we conclude the privileged communication objections repeatedly asserted by plaintiffs with regard to those questions asked of attorney Reynoldson were erroneously overruled.
VIII. By reason of the fact this case must be remanded for a new trial, plaintiffs’ hearsay objections, directed to questions asked of the witness Reynoldson by defendant, should also be considered.
In Crane v. Cedar Rapids and Iowa City Railway Co., Iowa, 160 N.W.2d 838, at 845, we said: “ ‘Hearsay evidence has been defined as testimony in court or written evidence, of a statement made out of court; such statement being offered as an assertion to show the truth of matters asserted thexein, and thus resting for its value upon the credibility of the out-of-court asserter. McCormick, Evidence, page 460.’ Daniels v. Bloomquist, 258 Iowa 301, 312, 138 N.W.2d 868, 875.” See also 31A C.J.S. Evidence §§ 193, page 520, and 205, page 573,- and 29 Am.Jur.2d, Evidence, section 497, page 555.
It is apparent the evidence elicited from Attorney Reynoldson had for its purpose testimonial proof of facts thereby disclosed. This means, the information so obtained qualified as nothing more nor less than hearsay.
This alone, however, is not dispositive of the question before us.
IX. There are some well established exceptions to the rule prohibiting introduction of hearsay, among which are declarations against interest.
First, on that subject, it is not merely the statement but the fact stated which must be against the interest of a declarant. 5 Wigmore on Evidence, Third Ed., section 1462, page 269, and 1 Jones on Evidence, Fourth Ed., section 236, page 452.
[566]*566Also the declaration must have been against the pecuniary or proprietary interest of the uttering party at time the statement was made. In re Estate of Andrews, 245 Iowa 819, 825, 64 N.W.2d 261; Weber v. Chicago R.I. & P.R. Co., 175 Iowa 358, 383-393, 151 N.W. 852; McCormick’s Treatise on Evidence, section 253, page 546; 5 Wigmore on Evidence, Third Ed., sections 1457-1461, pages 262 — 269; and 31A C.J.S. Evidence §§ 217-224, pages 600-615. See also section 622.27, Code, 1966.
But the statements claimed to have been voiced by Mrs. Bailey were clearly neither disserving nor adverse to her interests at the time or times made. Consequently the evidence here in question does not come within any recognized “declaration against interest” exception to the hearsay rule.
X. Though not truly an exception, and probably better described as a variant to the hearsay principle, it is generally understood, anything said by a party-opponent may be used against him as an “admission”, provided it exhibits inconsistency with those facts presently asserted in pleadings or testimony. 4 Wigmore on Evidence, Third Ed., sections 1048-1052, pages 2-12; 1 Jones on Evidence, Fourth Ed., section 236, page 452; 31A C.J.S. Evidence §§ 272-279, pages 696-710; and 29 Am.Jur.2d, Evidence, sections 600-607, pages 655-662.
That brings into play this pertinent comment in 22 Am.Jur.2d, Death, section 231, page 770: “The decedent’s statements have been excluded for lack of privity, where sought to be introduced as admissions, and for lack of interest of the declarant in the subject matter of the action, where sought to be introduced as a declaration against interest.
“However, it seems that under certain circumstances there may be such privity between the deceased and the plaintiff in an action for the wrongful death of the former as to justify receiving in evidence, as an admission, a statement of the deceased against interest. Such justification is, of course, easy to see where the statute authorizing the action is regarded, not as providing a new cause of action for the death of the decedent, but as providing merely for the survival of the decedent’s right of action for the wrongful act that caused his death.” (Emphasis supplied.)
Referring now to sections 611.20 and 613.-15, Code, 1966, we said in Wendelin v. Russell, 259 Iowa 1152, 1157, 147 N.W.2d 188, 191: “This court has previously held the provisions of chapter 611 should be liberally construed to permit substitution of the representative of a deceased litigant in his place, the object of section 611.22 being to render available to such representative all the remedies to which the litigant, had he lived, might have resorted. (Authorities cited).
“Our survival statutes have also been said by us to preserve to the legal representative the original cause of action, enlarging the elements of damage to include wrongful death. And, any right to damages for wrongful death accrues to the administrator of a decedent’s estate, the surviving husband or wife having no standing to sue for same in an individual capacity. (Authorities cited).
“The measure of damage for wrongful death in this jurisdiction has been held to be the present worth of the estate a decedent would reasonably be expected to save as the result of his efforts from time of death until the end of natural lifetime had he lived. To this may be added interest on reasonable funeral expense for such time as it was prematurely incurred. (Authorities cited).” See also observations relative to Code section 613.15, with authorities cited, in Schmitt v. Jenkins Truck Lines, Inc., Iowa, 170 N.W.2d 632, 661, and 48 Iowa L. Rev. 666, 667.
It thus appears our death damage acts, supra, do not provide a new cause of action. Rather, they constitute a survival [567]*567of decedent’s right of action vested in the estate representative alone.
From this it follows, there existed such privity of estate between Mrs. Bailey, decedent, and plaintiff-administrator as to have made any “state of health admissions” by her admissible in evidence, had inconsistency been adequately shown, as they related only to the instant death damage action. In support hereof see also 4 Wigmore on Evidence, Third Ed., section 1080, page 134; 1 Jones on Evidence, Fourth Ed., section 239, page 458; 31A C.J.S. Evidence § 322, page 817; Annos. 114 A.L.R. 921, 927, and supplemental decisions. Incidentally, as an adjunct to the foregoing, see California v. Green (June 23, 1970), 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489.
Also, with regard to an offer of evidence for a limited purpose, see Lemke v. Mueller, Iowa, 166 N.W.2d 860, 870-871, and 88 C. J.S. Trial § 87, page 194.
An abbreviated trial record makes it impossible for us to determine with any reasonable degree of certainty the existence or nonexistence of inconsistency.
XI.Pursuing the matter one more step, Mr. Reynoldson’s testimony disclosed other elements not directly related to Mrs. Bailey’s then condition of health. In other words, plaintiff argues that over his repeated incompetent, irrelevant, immaterial and hearsay objections, defendant was erroneously permitted to adduce some evidence through this attorney going only to Mr. Bailey’s alleged infidelity and related matters.
Again an abbreviated record makes it impossible for us to determine whether this qualifies as a variant to the hearsay rule, supra.
Additionally, the overruling of an objection on the ground evidence sought to be introduced is incompetent, irrelevant and. immaterial affords no cause for reversal unless the specific particular or particulars attendant upon that objection are per se obvious. See Schmitt v. Jenkins Truck Lines, Inc., Iowa, 170 N.W.2d 632, 656; Linge v. Iowa State Highway Commission, 260 Iowa 1226, 1231-1232, 150 N.W.2d 642, and Frederick v. Shorman, 259 Iowa 1050, 1060-1061, 147 N.W.2d 478.
For the same reason stated above, however, we are unable to determine whether there here existed any self-evident basis for the general objection made.
XII. The question now to be resolved is whether the errors relative to introduction of evidence by defendant over plaintiffs’ objections, as disclosed in divisions VII and X hereof were prejudicial.
In that regard we need only refer to Bellew v. Iowa State Highway Commission, Iowa, 171 N.W.2d 284, 291. This court there held, when improper evidence is admitted in a law action, over timely and appropriate objections not affirmatively shown to have been later discarded, prejudice is presumed and judgment adverse to the objector will be reversed.
Here no semblance of showing was made to the effect plaintiffs ever abandoned the position taken under those timely and in this case adequate objections repeatedly interposed.
Resultantly, plaintiffs’ motion for a new trial should have been sustained, despite defendant’s belated attempt to mend its hold by way of resistance thereto.
XIII. In summary, had a proper foundational showing been made in course of trial, disclosing Mrs. Bailey’s condition of health statements to attorney Ward Reynoldson were made by her for the purpose of publication, such as in the divorce action pleadings, or were in fact so used, they would not then have been privileged communications between client and attorney. But no such foundation was established.
Next, Mrs. Bailey’s assertions to attorney Reynoldson regarding her then state of health, if inconsistent with pleading or evidentiary facts asserted in connection with plaintiff-administrator’s death damage [568]*568action, would have qualified as admissions, not subject to hearsay objections. Again, inconsistency does not appear.
Reversed and remanded for a new trial.
All Justices concur, except UHLEN-HOPP and BECKER, JJ., who dissent, and STUART, J., who takes no part.