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Posts tagged "Estate of Spencer v. Gavin"

When a Duty Exists.

Estate of Spencer v. Gavin, 400 N.J. Super. 220 (N.J. App. Div. 2008) is a case in which the court characterized it as "a sad chronology of opportunism." The plaintiffs were beneficiaries of Madeline Spencer's estate. Madeline had retained Daniel Gavin to prepare her will, and directed her estate to retain him for any other legal matters in connection with her estate. In Madeline's will, the executor was her sister Kathryn. When Madeline passed away, Kathryn became executor, and then hired Gavin as her estate attorney. Gavin also borrowed money from Kathryn to build his law firm. His building housed another group of attorneys together known as Averna and Gardner P.C., as well as attorney Alberta Foster who were named as defendants. The main question in the lawsuit was whether knowledge of the wrongdoing by the other defendants subjected them to liability.

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