Shaffer v. Stewart

WIEAND, Judge:

May an attorney who, without probable cause, files a caveat to the probate of a will for the sole purpose of “extracting an unwarranted settlement” be sued for malicious use of process after he and his client have agreed to a dismissal of the caveat? The trial court held that such actions could not be maintained because there had been no seizure of property. Therefore, it sustained preliminary objections in the nature of a demurrer to the complaint and entered judgment in favor of the attorney. This appeal followed. We reverse.

Richard F. Buser died August 17, 1981, leaving a…