Hutchins v. Hutchins
Court of Appeals for the D.C. Circuit
Hearing on 'an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict declaring invalid a last will and testament and denying probate thereof. The Court in the opinion stated the facts as follows: This appeal is from a verdict and judgment declaring invalid the last will and testament of Stilson Hutchins, and denying probate thereof.
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Hearing on 'an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict declaring invalid a last will and testament and denying probate thereof. The Court in the opinion stated the facts as follows: This appeal is from a verdict and judgment declaring invalid the last will and testament of Stilson Hutchins, and denying probate thereof. The will was executed October 26, 1910. The testator appointed as executors his two sons, Walter S. Hutchins and Lee Hutchins, and Charles L. Drailey. Appellants Walter S. Hutchins and Charles L. Drailey, hereafter referred to as…
1Opinion of the Court
Mr. Justice. Ya.v Orsdel
delivered the opinion of the Court:
Caveator offered as a witness T)r. Sowers, who had been the family physician of testator for thirty-seven years, and who, *500with the exception of a few months in 1910 and 1911, attended testator up to the time of his death. Objection to the testimony of this witness as to the mental condition of the testator was based upon sec. 1073 of the District Code, which provides as follows: “In the courts of the District of Columbia no physician or surgeon shall be permitted, without the consent of the person afflicted, or of his legal…
2Cases cited1 opinion
- Thomas v. WarnerCourt of Appeals of Maryland · 1896
3Cited by8 opinions
- Thompson v. SmithCourt of Appeals for the D.C. Circuit · 1939
- Davis v. AultmanSupreme Court of Georgia · 1945
- McCartney v. HolmquistDistrict Court, District of Columbia · 1939
- Calhoun v. JacobsCourt of Appeals for the D.C. Circuit · 1944
- In Re Estate of WilsonDistrict of Columbia Court of Appeals · 1980
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