In re the Estate of Southwick

A judge of the Probate and Family Court reports the following question in connection with an application for allowance of the first and final accounting of the executor of an estate:

“Does [the attorney’s] breach of professional duty rise *741to the level that it would invalidate the bequests to him as a devisee and legatee under the will of the decedent, thus precluding the allowance of the First and Final Accounting of the estate?”

1. Background. The factual background, as set forth in the judge’s report and findings of fact, is not in dispute. In 1994, the decedent requested that the attorney…