Estate of Campbell Ex Rel. First Wisconsin National Bank v. Chaney

The Estate of Ronald Campbell and several of Campbell's children appeal from an order requiring them to prove a "suit within a suit" in this legal malpractice action. Campbell's widow challenged a prenuptial agreement drafted for him by the defendant attorneys. The estate settled and then sued the attorneys for negligence in preparing the agreement. The issue is' whether the estate must try a suit within a suit to show that it would have lost the litigation with the widow. We conclude that such a procedure is unnecessary. We reverse.

I. BACKGROUND

The following facts are not in dispute. In…