In re the Probate of the Will of Clayton

Anthony P. Savaeese, S.

Testator died on September 13, 1956 while a patient at Creedmoor State Hospital. An instrument dated March 28, 1955 has been offered for probate as his last will and testament. By its terms his entire estate is left to his surviving spouse. The special guardian of the testator’s infant daughter seeks to inspect the hospital records relating to the decedent. The Attorney-General of the State of New York opposes the motion on the ground that the records are confidential communications between patient and physician which are privileged under the provisions of the Mental…