Estate of Harris v. Eichel

Plaintiff, the executor of the estate of Sidney Harris, appeals a superior court order granting summary judgment to defendant, an attorney whom plaintiff had sued seeking damages for breach of a fiduciary duty owed to decedent. We affirm.

The decedent, Sidney Harris, then 81, married defendant’s mother, Ruth Eichel, in 1974. Prior to their marriage the couple entered into a prenuptial agreement under which each *181waived all right and interest in the estate of the other, except for provisions not here at issue. The agreément was prepared by Sidney Harris’s attorney and notarized by defendant.…