Martha Ferguson, et al. v. Berton O'Bryan - 7/24/13

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Wednesday  July 24, 2013 
10:30 AM  EST

10:30 a.m. 49A02-1211-CT-917. In 2005, Attorney Berton O’Bryan assisted Mary Linder in drafting and executing a will.  The will made reference to a list of specific bequests, which Linder would update from time to time and keep with the will, and provided that the personal representative of Linder’s estate should honor the list as if it were set forth in the will.  O’Bryan provided Linder with blank sheets upon which to record these specific bequests, and the sheets contained neither instructions nor designated spots for the bequests to be signed and witnessed.  Upon Linder’s death, the will and completed list were discovered and admitted to probate, but the list was declared invalid.  Thereafter, a group of Linder’s relatives who had been named in the list brought a legal malpractice action against O’Bryan alleging that he had been negligent in advising Linder and drafting the will.  O’Bryan successfully moved for summary judgment on the basis that he owed no duty to the relatives because they were neither his clients nor known third-party beneficiaries.  The relatives now appeal.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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