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Undue influence: a legal topic


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This is an interesting subject I had to research for writing a trial brief. It related to undue influence with respect to the writing of a will which favored a church. By Oklahoma law (OS 15 Section 61):

“Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him.

2. In taking an unfair advantage of another's weakness of mind; or,

3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.”

I think it speaks rather loudly.

Been there done that with the self recriminations. It just boiled down to the abusive use of a trusted relationship that favored the individual/group over the person trusting because of the nature of the relationship. There is really nothing mystical or magical about it. Happens all the time in all arenas of life.

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What was it P.T. Barnum said about a sucker being born every minute?

Well if a person's faculties are impaired and a friend family member sees them as a cash cow, it's pretty pathetic. If someone says, " if you don't make so and so your benificiary, I don't know if I can keep coming by to change out your oxygen tanks.

Yeah though,... nothing new under the sun....

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