Ferguson v. O'Bryan

OPINION

CRONE, Judge.

Case Summary

In Walker v. Lawson, our supreme court held that “an action will lie by a beneficiary under a will against the attorney who drafted that will on the basis that the beneficiary is a known third party.” 526 N.E.2d 968, 968 (Ind.1988). Following Mary Linder’s death, a group of her relatives (“the Relatives”)1 brought a legal malpractice action against the drafter of her will, attorney Berton O’Bryan. The Relatives were not specifically named in the will, but were listed on a form that *430O’Bryan had given Linder for the purpose of making bequests to her intended…