In the Matter of Estate of Waters
Supreme Court of Delaware
647 A.2d 1091 (1994)
Attorney Brian Murphy drafted a will for the elderly, cancer-stricken Elizabeth Waters at the request of her cousin Lillian Young's sister, leaving Waters's house to Young for life and then to Waters's granddaughter Clare Trent (plaintiff), without ever contacting Waters directly until visiting to have her sign it. After Waters's death, Trent challenged the will, alleging lack of testamentary capacity and undue influence by Young. At trial, Murphy testified Young was present at execution (though Young testified she wasn't) and that he believed Waters had testamentary capacity — all while simultaneously representing the estate (defendant) as trial counsel in the same will-contest proceeding. The chancery court rejected Trent's challenge and upheld probate; Trent appealed.
Whether, under state ethics rules, a lawyer who represents a client in a litigated matter may also appear as a witness for or against that client in the same litigated matter.