Note 332 — CONFIDENTIAL COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT.

See In re Freeman, 46 Hun, 458, in which a will was admitted to probate on the concurrence of Learned, J., who held that the relation of physician and surgeon was not established, and Landon, J., who held that the request to sign constituted a waiver; Williams, J., dissenting, on the ground that the relation was established in the case, and the waiver could not be assumed without proof of the patient’s mental capacity to comprehend the waiver; that it was not proper to assume testator’s competency to waive in order to enable the witness to testify that the patient was competent to make a will.