Estate of McHenry

Outcome: Court Judgment for O'Sullivan

Description: Defendant O'Sullivan was the long-time lawyer for an aging wealthy couple engaged in the restaurant business, who had no children or living close relatives. The couple's estate plan, which had been amended more than a dozen times in twenty years, provided for limited specific bequests to certain living relatives, but provided for the bulk of their estate to pass to the employees of the restaurants, and to other advisors who included their lawyer of some 40 years, Mr. O'Sullivan. O'Sullivan was alleged to have unduly influenced the McHenrys in their formulation of their estate plan. In fact, there was a legal presumption of undue influence by him. The court found after a trial lasting over several weeks that the presumption of undue influence against O'Sullivan had been rebutted, and he was allowed to claim from the Estate.