Robert R. Westover, as Executor v. the Ætna Life Insurance Company, Appellant

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that the physician‑patient privilege under §§ 833‑836 of the Code of Civil Procedure could not be waived by the executor of the deceased. The court reasoned that only the patient himself may expressly waive the privilege, and death does not remove the statutory seal.