April 24, 1886


Author Affiliations

Medico-Legal Counsel.

JAMA. 1886;VI(17):470. doi:10.1001/jama.1886.04250040106012

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To the Editor of the Journal: 

Dear Sir:  —The case of Woodbury vs. Woodbury, decided by the Supreme Court of Massachusetts March 10, 1886, is one of some importance to medical men. In that case the intestate before her death gave to the defendant certain sums of money, and the evidence tended to show that previous to and at the time of the gift the intestate was in a feeble mental condition and of advanced age. The defendant was the physician, friend, adviser, and fiducial agent of the intestate, managed her affairs, and had considerable influence over her. He was not a relative of the intestate. Upon this state of facts it was held that the evidence, if believed by the jury, would justify a finding that the defendant in some form solicited the gift and used undue influence to obtain it; and that undue influence may be inferred from

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