In re the Probate of the Will of Podolak

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Podolak

10 A.D.2d 794, 197 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 11490

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 2, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 794 (In re the Probate of the Will of Podolak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Probate of the Will of Podolak, 10 A.D.2d 794, 197 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 11490 (N.Y. Ct. App. 1960).

Pincite

Opinion

— Decree unanimously reversed on the law and facts, with costs, and a new trial granted. Memorandum: The exclusion of testimony of the testratrix’ attending physician on the issue of her mental competency was error. The provisions of section 352 of the Civil Practice Act were expressly waived on the trial. Under the provisions of section 354 of the Civil Practice Act the physician who attended the testatrix could properly disclose any information as to her mental condition which he acquired in attending her professionally except such as would tend to disgrace her memory. The trial court excluded testimony of the testatrix’ attending physician which tended to disclose that the testatrix had failed in memory, power of comprehensive thinking, ability to make decisions, mental alertness and mental capacity to comprehend. Such testimony would not tend to disgrace her memory and it should have been received. (Appeal from a decree of Onondaga Surrogate’s Court admitting the will of decedent to probate after trial, with a directed verdict in favor of proponent.) Present — Bastow, J. P., Goldman, Halpern and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Decree unanimously reversed on the law and facts, with costs, and a new trial granted. Memorandum: The exclusion of testimony of the testratrix’ attending physician on the issue of her mental competency was error. The provisions of section 352 of the Civil Practice Act were expressly waived on the trial. Under the provisions of section 354 of the Civil Practice Act the physician who attended the testatrix could properly disclose any information as to her mental condition which he acquired in attending her professionally except such as would tend to disgrace her memory. The trial court excluded testimony of the testatrix’ attending physician which tended to disclose that the testatrix had failed in memory, power of comprehensive thinking, ability to make decisions, mental alertness and mental capacity to comprehend. Such testimony would not tend to disgrace her memory and it should have been received. (Appeal from a decree of Onondaga Surrogate’s Court admitting the will of decedent to probate after trial, with a directed verdict in favor of proponent.) Present — Bastow, J. P., Goldman, Halpern and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 794, 197 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 11490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-podolak-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack