In re the Probate of the Will of Frangeline

This appeal is from a decree of Surrogate’s Court admitting the will of the deceased to probate. The controversy centered around the question of whether deceased was mentally capable of making the will in question. The jury decided that he was.

The appellant Joseph Frangeline, a brother of the deceased, in an effort to prove mental incapacity sought, through his trial counsel, to question two doctors who had treated the deceased. He also offered certain hospital records in evidence. Proponent’s attorney objected, claiming privilege under section 352 of the Civil Practice Act, and the Trial…