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Keywords

contractbreach of contractstatutetrialsummary judgmentfiduciarymalpracticetrustwillstatute of limitationslegal malpracticefiduciary dutybreach of fiduciary duty
contractdamageslitigationattorneystatuteappealtrialsummary judgmentfiduciarymalpracticetrustwillstatute of limitationslegal malpracticefiduciary dutybreach of fiduciary dutyattorney-client privilege

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Duggan v. Keto, 554 A.2d 1126

Facts

Mary Lemp died on October 2, 1981, leaving the bulk of her estate to her brother rather than her stepchildren, who had expected to be the primary beneficiaries under her will. They alleged that Mary had breached a reciprocal wills agreement made with their late father. The estate counterclaimed against one stepchild for conversion after he removed bonds from Mary's safe deposit box shortly after her death. The trial court granted summary judgment in favor of the estate on both claims.

Mary Lemp died on October 2, 1981, leaving the bulk of an estate worth over $1.1 million to her brother, William Stroman, rather than to her stepchildren, James Lemp, Helena Lemp, and John Lemp, Jr. The stepchildren had expected to be the primary beneficiaries under Mary Lemp's will and so brought suit against her estate, alleging that Mary had breached a reciprocal wills agreement which she had made with their late father.

Issue

Did the stepchildren establish a breach of a reciprocal wills agreement or a trust for their benefit, and were their claims barred by the statute of limitations?

The Court of Appeals, Terry, J., held that: (1) stepchildren failed to establish either an oral contract not to revoke a will or a trust for their benefit; (2) stepchild was liable to estate for conversion; (3) trial court's award of conversion damages was improper; (4) estate was entitled to assert deceased's attorney-client privilege against stepchildren; and (5) stepchildren's legal malpractice and breach of fiduciary duty claims were not barred by statute of limitations.

Rule

To prove that mutual wills were made irrevocable by an oral or written contract, there must be clear and convincing evidence of such a contract, which is complete and definite in its terms.

To prove that the mutual wills were made irrevocable by an oral or written contract, District of Columbia law requires that such a contract 'be complete, definite in its terms, and proved with clearness and certainty.'

Analysis

The court found that the stepchildren did not provide sufficient evidence to prove the existence of an oral contract not to revoke the wills, as the evidence only indicated a common testamentary scheme without any agreement. Additionally, the court ruled that the stepchildren's claims of legal malpractice and breach of fiduciary duty were not barred by the statute of limitations, as the claims arose after they discovered the alleged wrongdoing.

Although this evidence may be persuasive to prove a common testamentary scheme, it does not establish the existence of a contract. The court in Coveney v. Conlin, supra, did not state exactly what kind of evidence would be sufficient to prove an agreement not to revoke, but it did make clear that evidence of a common testamentary scheme was insufficient.

Conclusion

The court affirmed the trial court's grant of summary judgment in favor of the estate on the breach of contract claims but reversed the ruling regarding the statute of limitations on the malpractice claims, remanding for further proceedings.

We conclude, however, that the court's calculation of damages for conversion was partially in error, and thus we remand the case for a proper computation of damages.

Who won?

The estate prevailed on the breach of contract claims because the stepchildren failed to prove the existence of an irrevocable agreement.

The court affirmed the trial court's grant of summary judgment in the litigation involving the estate, both as to the stepchildren's claim against the estate and as to the estate's counterclaim against James Lemp.

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