Mahoney v. Healy
Court of Chancery of Delaware
Petition for Rule requiring a witness to appear and show cause why he should not be ordered to answer certain questions. (See, also, 9 Del. Ch. 273, 81 Ail. 583.) During the taking of testimony before the examiner appointed in this cause, John Biggs, Esq., an attorney at law, was produced as a witness and declined to answer certain questions because his knowledge of the matter inquired about was obtained while acting in a professional capacity.
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Petition for Rule requiring a witness to appear and show cause why he should not be ordered to answer certain questions. (See, also, 9 Del. Ch. 273, 81 Ail. 583.) During the taking of testimony before the examiner appointed in this cause, John Biggs, Esq., an attorney at law, was produced as a witness and declined to answer certain questions because his knowledge of the matter inquired about was obtained while acting in a professional capacity. Upon certification by the examiner to the Chancellor of the testimony of the witness, the solicitor for the complainants presented a petition for a…
1Opinion of the Court
The Chancellor.
The bill was brought to set aside certain transfers of property made by Winifred Cottingham in her lifetime, it being claimed that the transfers were made through fraudulent influences'and that Winifred Cottingham was then mentally incompetent to make the transfer. The suit was by grandchildren of Winifred Cottingham after her death. See Mahoney v. Healy, 9 Del. Ch. 273, 81 Atl. 583.
As the mental capacity of Winifred Cottingham was in question, Mr. Biggs was asked whether he had visited Winifred Cottingham respecting the making of a will by her, and he declined to answer…
2Cases cited10 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889
- Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892
- In re Downing's WillWisconsin Supreme Court · 1903
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3Cited by2 opinions
- Hugo v. ClarkSupreme Court of Virginia · 1919
- Panell v. RosaMassachusetts Supreme Judicial Court · 1917