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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT