In re the Estate of Meyer

Collins, S.

In a contested proceeding for the grant of letters of administration, it has been stipulated by the petitioner and cross petitioner that a commission issue to take the testimony of a physician and other witnesses, all of whom reside in another State. There is objection to such of the proposed interrogatories as seek to elicit information which a physician is forbidden to disclose under section 352 of the Civil Practice Act.

The privilege granted to a patient by section 352 of the Civil Practice Act, extends to an examination before trial. (Woernley v. Electromatic Typewriters, 271…