McCaw v. Turner
Mississippi Supreme Court
Appeal from chancery court of Montgomery county. Hon. J. G. McGowen, Chancellor. Suit by Alice Moore McCaw and others against Osborne Turner, executor of the will of Mrs. Ella A, Lay, deceased, and others, to have the will set aside on the ground of undue influence and mental incapacity.
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Appeal from chancery court of Montgomery county. Hon. J. G. McGowen, Chancellor. Suit by Alice Moore McCaw and others against Osborne Turner, executor of the will of Mrs. Ella A, Lay, deceased, and others, to have the will set aside on the ground of undue influence and mental incapacity. Prom a decree upholding the will, plaintiffs appeal.. ' Section 3695, of the Code of 1906, section 6380, of Hemingway’s Code, reads as follows: “All communications made to a physician or surgeon by a patient under his charge or by one seeking professional advice are hereby declared to be privileged, and such…
1Opinion of the CourtSmith, C. J.
This is a proceeding in which the appellants, heirs at law of the testatrix, seek to have the will of Mrs. Ella A. Lay, deceased, set aside on the ground of undue influence and mental incapacity. The issue was submitted to a jury, which returned a verdict upholding the validity, of the Avili, and there Avas a decree accordingly. The ruling of the court beloAV assigned for error is the exclusion of the testimony of a physician relative to the alleged mental disability of the deceased, he having treated her therefor during her lifetime.
Section 3695, Code of 1906 (section 6380, Hemingway’s…
2Cases cited3 opinions
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