In re the Estate of Ackerman

Foley, S.

This is an application in a probate contest for the examination before trial of certain adverse parties. The contestants who seek the examination are legatees named in a prior will. One of the parties sought to be examined is Eugene H. Eising, the attending physician of the decedent. The contestants state that they will waive the statutory privilege at the opening of the examination. The proponent objects to the examination upon the ground that sections 352 and 354 of the Civil Practice Act prohibit inquiry upon an examination or upon the trial into confidential communications…