Goldberg

Plaintiffs and appellants are general legatees under the will of Philip Hahn. Their complaint seeks damages against the administrator of the Hahn estate, Vincent E. Whelan, and the attorney for the administrator, Frank A. Frye III. The appeal seeks reversal of judgment in favor of both defendants, rendered upon motions for summary judgment.

Facts and Procedural Background

Philip and Sadie Hahn were married in New York in 1925. Philip’s employment was with the Crosman Arms Company, a family enterprise. The company grew during Philip’s management from a business of little value into one of great worth. In 1971 the company was merged with the Coleman company, the result of which was distribution of publicly traded stock to Philip, Sadie and their five children (who had been given Crosman Arms stock previously by Philip). Philip himself received stock in the merged company worth approximately $10 million.

Philip and Sadie’s marriage was not entirely successful, Sadie leaving Philip in 1930, returning in 1937, and the two of them separating for good in 1955. Philip and Sadie executed a property settlement agreement in 1958 which provided monthly support for Sadie and…