True v. Older

Construed according to well-settled principles and the decisions applying them as settled law, the complaint alleges that decedent consented to the abortion which caused her death. The allegation that she at no time did “freely and voluntarily consent” to the abortion is in effect an allegation that she did consent thereto, but that the consent was not freely and voluntarily given. The characterization of the consent as not “freely and voluntarily” given is a mere conclusion of law and as such should be rejected, with the consequence that the only part of the allegation which stands is the…