Decree unanimously reversed on the law and facts, with costs, and a new trial granted.
Memorandum:
The exclusion of testimony of the testratrix' attending physician on the issue of her mental competency was error. The provisions of section 352 of the Civil Practice Act were expressly waived on the trial. Under the provisions of section 354 of the Civil Practice Act the physician who attended the testatrix could properly disclose any information as to her mental...
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