In re the Estate of Luckenbach

John D. Bennett, S.

Motions by order to show cause to vacate a subpoena duces tecum served upon a former attorney for the executor, insofar as it requests the production of “ correspondence ” under item No. 1 on the ground that such correspondence by the attorney and the executor is privileged under section 353 of the Civil Practice Act.

The privilege of the client against disclosure by his attorney of confidential matters does not extend to everything which comes to the attorney’s knowledge while acting as attorney. For instance, statements made in the presence of a third party are not…