Haverstick v. Banet

Plaintiffs (Appellants) are before this Court on petition to transfer, seeking review of an opinion by the Court of Appeals found at 349 N.E.2d 282. It is their position that the ruling precedent followed by the Court and holding that, in a will contest, only the personal representative is entitled to waive the decedent’s physician-patient privilege is erroneous. The appeal arose out of an action commenced pursuant to Ind. Code § 29-1-7-17 (1971) to contest the will of Connie Schroeer. Plaintiffs, the heirs of the decedent, are alleging that at the time of the purported execution of her will,…