Estate of Low

During the progress of the trial, while the widow of deceased was being examined as a witness on her own behalf, *144 it was proposed by her counsel to ask her what conversation, if any, she had Avith her husband (no one else being present) relating to the will, and the reasons given by him for making no other provision for his son, and to show from his statements to her his feelings towards his son as a foundation for the will.

Objected to.

The objection is sustained. Sec. 1881, C. C. P., is very positive in its terms: “ There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases: "x" "x* nor can either, [husband-or wife] during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage.”

The effect of this section is to declare that it is the policy of the law to shut the door upon the family room, and make each secure in the knowledge that their conversation shall not be disclosed without consent. It has been suggested that as one is now dead, that consent…