In The Matter Of The Estate Of Waters

647 A.2d 1091 (1994)

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Nature of the Case

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Facts

Waters was a widow at the time of her death. She grew dependent on others for assistance with the needs of daily living. Waters decided to return to her family home in Middletown, Delaware. She was cared for by her cousin, Young. Waters was diabetic and overweight and had uterine cancer as well. Her health required regular visits to her doctor. Waters had a stroke in 1988, which damaged the left side of Waters' brain because her right arm and her power of speech were impaired. Waters received hospice care at home. During the stroke, there was a high degree of hostility between Waters' daughter-in-law, Naomi Waters, and P vis-a-vis Young and the Young family. Certain members of the Young family decided that Waters should execute a will. They wanted Waters' will to provide Young with a place to live for the rest of her life. Young's sister, Maxine Young, contacted an attorney, Murphy. Murphy was informed that Waters was in poor physical health and that she wanted to make a will leaving her house to Lillian Young for life and, on her death, to P. Murphy prepared a will according to Maxine Young's instructions and without direct contact with Waters. The will was executed at Waters' home on December 16, 1988. The record does not reflect whether Waters knew that a will was being prepared for her, or knew that an appointment had been made for her to meet a lawyer and to sign a will. Murphy testified that Lillian Young was present, as were others. Murphy was introduced to Waters, who pointed to her right wrist. Someone explained to Murphy that this meant for him to go to Waters' right side so that she could hear better. Murphy explained to Waters, in summary fashion, that the will would leave 'all [her] estate, both personal and real, of every kind and description, and wheresoever situated, including [her] home situated at 118 East Anderson Street, Middletown, New Castle County, Delaware' to Young for life. He also explained that the property would pass to P on Young's death. Waters made a gesture with her head when Murphy asked if this was what she wanted her will to say. The nurse helped Waters to make an 'X'. Both Murphy and the nurse then signed as the subscribing witnesses. Murphy testified that Waters had testamentary capacity at the time the will was signed, based on his observations at this meeting. Murphy never saw Waters again. Murphy testified before the Master but represented the Waters' estate in the subsequently contested proceedings. Murphy, as the trial advocate, argued that the Master's draft placed improper emphasis on the nurse's testimony and gave insufficient attention to the testimony of others. The Master recommended that the will prepared by Murphy be set aside and excluded from probate. The Master, who heard Murphy testify, all but castigated Murphy for the events and Murphy's opinion that Waters had testamentary capacity. Following the filing of the Master's Final Report, Murphy continued to act as trial attorney for the Waters' estate in the contested proceedings. The Court of Chancery ultimately declined to follow the recommendation in the Master's Final Report. It held that the will Murphy prepared had been properly admitted to probate. P appealed. Murphy continued to represent the Waters' estate. P’s attorney notified Murphy that he should be disqualified from representation as he was a witness.