Plumleigh v. Ferber

Richard E. Ferber, executor of the James M. Ferber estate, appeals from two orders finding Sandra Plumleigh would not violate the no contest clause in James’s estate by pursuing certain actions against Richard and the estate. We reverse with directions.

James M. Ferber was the personal representative for the estate of his father, Oscar. Due to numerous family disputes, including at least one suit against James, the estate was open for 17 years. Due to his angst over this state of affairs and its negative impact on his health and quality of life, when James had his own will prepared, he directed his attorneys to prepare the strongest possible no contest clause. He wanted to protect his executor, Richard, who was his brother and business partner, from the hardships and attacks he had endured.

The no contest clause was the most detailed in James’s will, and he gave his attorney strong direction: “[I]nclude . . . a no contest clause that went as far as it could go to avoid any litigation at all involving his estate,” and “make the ... clause as expansive as possible, but . . . make it enforceable.”

The clause reads in relevant part: “If any devisee, legatee or beneficiary…