CHARGE AGAINST DOCTOR.

Press, Volume LXVI, Issue 20084, 13 November 1930, Page 11

CHARGE AGAINST DOCTOR.

ENQUIRY AT SYDNEY.

COMMENT BY A JUDGE, (UNITED PBZSS A.SBOCIATIO* —B« ILBCTBIO TILSOBAFH—COFTBIQHT.) (Beceived November 12th, 9.45 p.m.) SYDNEY, November 12. The Medical Board of New South Wales, sitting in open Court, completed its enquiry into the comment made by Mr Justice Davidson on Dr. Chisholm Boss, when giving judgment ia the Massy will case. Dr. Boss was charged with being guilty of infamous conduct in a professional respect, in that he made a grossly unreliable report on the mental condition of the late Gerald Murray Clarke Massy. Judgment will be given next week.

In giving judgment in a will suit in which undue influence was alleged against the testator's widow, Jessie Maesy, of Gundaroo, Mr Justice Davidson scathingly criticised a leading Sydney practitioner, ~Dr. Chisholm Boss, whose evidence related to the testator s testamentary capacity. The Judge, emphasising several discrepancies in the doctor's evidence, said: "I can only say that when a person sets himself up as a mental specialist and acts as Dr. Chisholm Boss has done in this suit, he is, to my mind, nothing less than a menace to the public, and a disgrace to Jus profession." The case was one in which a paveat against probate had been lodged by John Eyre Massy, testator's brother, who opposed on the ground of undue influence by the widow. John Llewellyn Sands and Jessie Hilda _ Massy (widow), executors of the will, had asked that the caveat should be set aside, and probate grafted. His Honour found against the executors and dismissed the suit. Testator, who died on June 23rd, 1929, left bis estate, valiiod at £30,000, to Ijis widow, Jessie Hilda Massy, who, prior to her marriage testator, was a nurse, and nursed him through a long illness. They married ten days before testator executed the will, and caveat or alleged that undue influence on her part led testator to leave the whole of his property to her, and to revoke a previous will, under which the testator's brothers and other relatives would have benefited. It was further alleged that Jessie Hilda Massy, 'while She was acting as testator's nurse, made false representations a$ to the character of various members of testator's family, and thereby prejudiced him againßt them to the extent of excluding them from benefits under his will.

The Judge found all the issues in favour of the defendant, pronounced against the will, and dismissed the suit, with costs.