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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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