Legal Opinion

In re the Estate of Culbertson

New York Surrogate's Court

Decided August 14, 1968PublishedCited by 14 opinions

1Opinion of the Court

Wieliam J. Began, S.

Petitioners have brought this proceeding to compel the delivery to them of certain personal medical records which allegedly were in the possession of the deceased as attending physician during his lifetime. In the alternative, petitioners have requested permission to examine and make copies of said records. The executor has refused to deliver such records to the petitioners by reason of a clause in the will of the deceased providing as follows: ‘1 tenth : I direct my Executor, above mentioned, to burn and destroy all of my office records and files without opening or…

2Cases cited1 opinion

  1. McGarry v. J. A. Mercier Co.Michigan Supreme Court · 1935

3Cited by14 opinions

  1. Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
  2. Cannell v. Medical and Surgical ClinicAppellate Court of Illinois · 1974
  3. Gotkin v. MillerDistrict Court, E.D. New York · 1974
  4. Gotkin v. MillerCourt of Appeals for the Second Circuit · 1975
  5. Casillo v. St. John's Episcopal HospitalNew York Supreme Court · 1992

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