In Re the Probate of the Will of Matheson

On the trial before the Surrogate of the issues relating to testamentary capacity and undue influence in this proceeding to probate a will, the proponent produced as a witness an attorney who neither directly nor indirectly took part in the preparation or execution of the instrument offered for probate. Nevertheless, he was permitted, over objection, to give testimony on the part of the proponent as to a conversation relating to deceased’s testamentary intentions which he had held privately with the deceased in a professional capacity three days previous to the time the instrument, offered…