Anderson v. McBurney
In Anderson v. McBurney, 160 Wis. 2d 866, 467 N.W.2d 158 (Ct. App. 1991), Mary Jean Anderson was her father's sole heir at law, and thus would have received her father's estate had he died intestate. See also Black's Law Dictionary 727 (7th ed. 1999).
However, Anderson's father had a will leaving $ 1,000 to a church and the balance of his estate to Floyd McBurney. Anderson, 160 Wis. 2d at 872. A previous will had left $ 1,000 to a church and the balance of the estate to McBurney's mother. Id.
McBurney also happened to be a shareholder in the law firm that probated Anderson's father's estate. Anderson, 160 Wis. 2d at 871.
Anderson alleged that McBurney and his firm negligently investigated heirship during probate. Anderson, 160 Wis. 2d at 872.
Anderson further alleged that during the probate proceedings, McBurney falsely testified that Anderson's father was not survived by any children. Anderson, 160 Wis. 2d at 871.
Finally, Anderson alleged that, as a result of McBurney's negligence, she received no notice of probate and was deprived of an opportunity for a judicial determination of whether her father had unintentionally failed to provide for her in his will. Anderson, 160 Wis. 2d at 872.