The probate of this will being contested on the ground of incapacity and undue influence, an objection has been taken to the examination of the physician who attended the deceased about the time the wiñ is alleged to have been executed. The section of the statute relied upon to sustain this position, declares that “ no person duly authorized to practise physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon.” (2 JR. 3., 3d ed., p. 503, § 92.) At Common Law, the kind of information referred to in this section was not privileged (.Phillip’s JRv., 104; 4 Term. JR.,
Allen v. Public Administrator
1 Bradf. 221
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