Edward J. Bratcher died intestate on July 4, 1989. His wife, Kathy, and his father, Henry, were appointed co-administrators of Edward's estate. Both Kathy and Henry filed wrongful death actions. Henry's action was dismissed on grounds that Kathy had the only claim. Kathy hired the firm of Moriarty, Donoghue & Leja, P.C., (Leja) to represent her in her capacity as a co-administratrix of her husband's estate. Kathy's claim was settled, and the settlement agreement barred the parties and their attorneys from revealing its terms. Henry sued Leja, charging that Leja owed him a duty of care as co-administrator of the estate and that this breach of duty resulted in his loss of payment for charges of administration and reimbursement for funeral expenses. Leja's motion to dismiss was granted, and Henry appealed.
A Massachusetts appeals court rules that Leja had no duty to Henry. The court finds that Henry''s posture is no different than that of a beneficiary of a trust, to whom the attorney owes no duty because the interests of trustee and beneficiary may at times conflict. The court holds that Kathy''s interests at times did conflict with Henry''s interests, and that Leja owed Kathy a duty not to disclose confidences such as the settlement's terms. 'If Henry has any basis for complaint,' the court concludes, 'it is a matter that should be worked out between himself in his capacity as the co-administrator of the estate of Edward J. Bratcher and his co-administratrix, Kathy, in the Probate Court.'
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