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In re the Application for the Probate of the Last Will & Testament of McMahon

191 A.D. 926 Court Third Department, English

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p. 926
Third Department,
March, 1920.
In the Matter of the Application for the Probate of the Last Will and Testament of Bridget D. McMahon, Deceased. Frank McMahon and Others, Appellants; Mary Murtagh, Executrix, etc., Respondent.

Headnote

Evidence—attorney and client—privileged communications—waiver by presence of third party.
Appeal from a decree of the Surrogate’s Court of the county of Chenango, entered July 25, 1918.

The attorney was a competent witness as to the conversation with the testatrix which took place while her daughter was present. The attorney’s evidence as to what transpired before the daughter entered the room, if incompetent was harmless, as the conversation was immediately repeated in the presence of the daughter. Decree unanimously affirmed, with costs to the respondent.