Guy v. Liederbach

PRICE, Judge:

This appeal from the order of the trial court sustaining appellees’ preliminary objections raises the novel question in Pennsylvania whether a devisee may maintain a cause of action for legal malpractice against counsel for the testator when the devise fails due to improprieties in the execution of the will. We hold that such an action may be maintained and accordingly, we reverse the order of the court of common pleas.

The pertinent facts are as follows. Appellant’s decedent (hereinafter plaintiff) filed a complaint in trespass and in assumpsit on January 23,1976, alleging that…