In re Will of Bruendl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ozaukee county: James J. Dick',' Circuit Judge. 1. The proposed will of the deceased was contested on the' ground of mental incompetency and of undue influence. The case was tried in the circuit court for Ozaukee county, sitting with a jury. A verdict of the jury in favor of competency, and against undue influence, was rendered, and a finding by the court was made to the same effect, and the-will admitted to probate.
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Appeal from a judgment of the circuit court for Ozaukee county: James J. Dick',' Circuit Judge. 1. The proposed will of the deceased was contested on the' ground of mental incompetency and of undue influence. The case was tried in the circuit court for Ozaukee county, sitting with a jury. A verdict of the jury in favor of competency, and against undue influence, was rendered, and a finding by the court was made to the same effect, and the-will admitted to probate. The contestants offered the testimony of two physicians, partners, one of whom had been" the attending physician of the deceased,…
1Opinion of the CourtDodge, J.
1. Sec. 4075, R. S. 1878, is for the benefit and protection of the patient, and its prohibitions can be waived in her lifetime only by the patient, and not by the physician. Boyle v. N. W. Mut. R. Asso. 95 Wis. 312. The purpose of the statute, as pointed out by Mr. Justice Pimnsy in that case, is to facilitate and make safe full and confidential disclosure by patient to physician of all facts, circumstances, and symptoms, untrammeled by apprehension of their subsequent enforced disclosure and publication on the witness stand, to the end that the physician may form a correct opinion, and be…
2Cases cited6 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Renihan v. . DenninNew York Court of Appeals · 1886
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Ullman v. Brunswick Title Guarantee & Loan Co.Supreme Court of Georgia · 1895
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3Cited by30 opinions
- Lembke v. UnkeNorth Dakota Supreme Court · 1969
- In re Will of HuntWisconsin Supreme Court · 1904
- Smith v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1908
- Auld v. CathroNorth Dakota Supreme Court · 1910
- Carson v. City of BeloitWisconsin Supreme Court · 1966
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