Campbell v. Toner
Massachusetts District Court, Appellate Division
1Opinion of the CourtCurtin, J.
Diana Butt Campbell (“Campbell”) brought suit for unpaid legal fees allegedly owed for services she rendered in the probate of an estate for which Nancy C. Toner (‘Toner”) was the executrix. The case is before this Appellate Division for the third time. After summary judgment for Toner was vacated by this Division, Campbell v. Toner, 2003 Mass. App. Div. 17, the case was tried without a jury. The trial judge found for Toner on the basis that Toner did not contract with Campbell in an individual capacity and, therefore, was not personally liable for the legal services Campbell provided to…
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