- 9 -
improperly in possession of estate property, and no estate
inventory had been compiled. Count II alleged Weller had the
duty to protect the estate from waste, loss, or embezzlement.
According to the complaint, during the attorney-client relation-ship
between Weller and defendants, defendants knowingly con-spired,
aided, and abetted William Townsley, Robert Banks, Gil
Garman, and Sebat, Swanson, Banks, Garman & Townsley, a partner-ship,
Virginia Hawkes Grimes, and the family of Virginia Hawkes
Grimes in violation of their duty to the estate and to plaintiffs
by the following:
"a. Knowingly allowed the family of
Virginia Hawkes Grimes to damage and allow
damage to occur to the personalty, fix-tures[,]
and realty of the estate which was
the legacy of plaintiffs from the estate when
the family of Virginia Hawkes [Grimes] had no
right to do so;
b. Knowingly allowed the family of Vir-ginia
Hawkes Grimes to take various articles
of personalty and fixtures which were the
property of the estate when the family of
Virginia Hawkes Grimes had no right to do so;
c. Knowingly directed the family of
Virginia Hawkes Grimes to take personalty and
