Is there any evidence that the executor or the attorney representing appellant violated a fiduciary duty to appellant?

California, United States of America


The following excerpt is from Estate of Cooper, 11 Cal.App.3d 1114, 90 Cal.Rptr. 283 (Cal. App. 1970):

There is no support in the record for the appellant's assertion that the executor or the attorneys for the executor violated a fiduciary duty to appellant. [11 Cal.App.3d 1121] Appellant's reliance upon Hammett v. McIntyre, 114 Cal.App.2d 148, 249 P.2d 885, is misplaced. In that case a law firm defending a personal injury action on behalf of an insurance company represented two defendants with conflicting interests. In the present case appellant was at all times vigorously represented by independent counsel.

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