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Evidence Keyed to Park
Wilson v. Clancy
Citation:747 F.Supp. 1154 (1990)
This is a diversity case, in which the plaintiff, a disappointed testamentary beneficiary, brings a third-party malpractice suit against the attorney who drafted the 1987 Last Will and Testament of Dr. Thomas A. Hurney. Most of the property held by Dr. and Mrs. Hurney was held in joint tenancy. In an attempt to stave off summary judgment, plaintiff, in her opposition, has found a previously undiscovered witness, a Ms. Bouman, who had done Dr. Hurney’s bookkeeping and tax work in the several years before his death. Her affidavit proffers testimony to the effect that neither Mr. Clancy nor Dr. Hurney even mentioned to her that Dr. Hurney would need to change the titling of his assets in order to make the 1987 will effective. Plaintiff argues that she is entitled to the inference that such advice was never given Dr. Hurney by Mr. Clancy, and that such inference is sufficient to carry the case to a jury.
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