Helen Churches Peffer v. Charles E. Bennett

HILL, Circuit Judge.

This is an appeal from a defendant’s judgment in an action brought under Colorado law to recover attorney’s fees and other expenses incurred in a will contest. Recovery is sought under the rule that reasonable expenses, including attorney’s fees, are recoverable when defendant’s wrongful act has involved plaintiff in litigation with third parties. The wrongful act alleged is the tort of malicious interference with a prospective right of inheritance. Specifically, the complaint alleged appellant was forced to litigate a will caveat because of appellee’s fraudulent conduct…