Tate v. McQuade

In the complaint herein, plaintiff, in his representative capacity, charges defendant, both individually and as former guardian ad litem for Nicholas C. Tate (hereinafter the father) with "gross negligence, malpractice, nonfeasance, misfeasance, malfeasance and breach of fiduciary relationship” regarding defendant’s conduct and/or lack thereof in exercising a certain right of election on behalf of the father against the last will and testament of Nicholas L. Tate (hereinafter the son).

The issues were tried before this court alone, a jury having been duly waived by both sides.

The plaintiff…