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ESTATE OF CAMPBELL v. CHANEY

No. 91-0990.

169 Wis.2d 399 (1992)

485 N.W.2d 421

The ESTATE OF Ronald CAMPBELL, by its Personal Representative, The First Wisconsin National Bank of Oshkosh, and Catherine Campbell, Susan Karstedt, and Terressa Campbell, Plaintiffs-Appellants, v. Wayne CHANEY, Jack Steinhilber, and Continental Casualty Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 7, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Timothy J. Aiken and Kelly L. Centofanti of Aiken & Scoptur, S.C. of Milwaukee.

For the defendants-respondents, Jack Steinhilber and Continental Casualty Company, the cause was submitted on the brief of David Colwin of Colwin & English, S.C. of Fond du Lac.

For the defendants-respondents, Wayne Chaney and Continental Casualty Company, the cause was submitted on the brief of James Samuelsen of Godfrey, Trump & Hayes of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

DYKMAN, J.

The Estate of Ronald Campbell and several of Campbell's children appeal from an order requiring them to prove a "suit within a suit" in this legal malpractice action. Campbell's widow challenged a prenuptial agreement drafted for him by the defendant attorneys. The estate settled and then sued the attorneys for negligence in preparing the agreement. The issue is whether the estate must try a suit within a suit to show that it would have lost the litigation...

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