For Your Data Simpson V. Calivas Illustration Brief
December 03, 2020
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Simpson v. Calivas case brief summary
139 N.H. 1
SYNOPSIS: Plaintiff intended beneficiary sought review of the conclusion of the Superior Court of Strafford County (New Hampshire), which issued a directed verdict inward favor of accused lawyer, who drafted the intended beneficiary's father's will. The trial courtroom likewise granted summary judgment inward favor of the lawyer on collateral estoppel grounds based on findings of the probate courtroom together with dismissed the action.
OVERVIEW: The intended beneficiary brought an activity for negligence together with breach of contract alleging that his father's lawyer failed to draft a volition that incorporated the father's actual intent to exit all his ground to the intended beneficiary inward fee simple. The trial courtroom dismissed the claim together with held that a lawyer who drafted a volition owed no duty to intended beneficiaries. On appeal, on an number of showtime impression, the courtroom reversed together with remanded the case.
HOLDING:
The courtroom held that although at that spot was no privity betwixt a drafting lawyer together with an intended beneficiary, the obvious foreseeability of injury to the beneficiary demanded an exception to the privity dominion together with that an identified beneficiary had third-party beneficiary status.
ANALYSIS:
The courtroom farther held that an intended beneficiary stated a displace of activity but past times pleading sufficient facts to constitute that an attorney negligently failed to effectuate the testator's intent every bit expressed to the attorney. The courtroom found no footing for collateral estoppel because a finding of actual intent past times the probate courtroom was non necessary for that judgment. The trial courtroom erred inward excluding the appraisal values inward the probate inventory.
OUTCOME: The courtroom reversed together with remanded the conclusion of the trial court, which issued a at i time verdict together with summary judgment for a lawyer inward the intended beneficiary's activity for negligence together with breach of contract.
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139 N.H. 1
SYNOPSIS: Plaintiff intended beneficiary sought review of the conclusion of the Superior Court of Strafford County (New Hampshire), which issued a directed verdict inward favor of accused lawyer, who drafted the intended beneficiary's father's will. The trial courtroom likewise granted summary judgment inward favor of the lawyer on collateral estoppel grounds based on findings of the probate courtroom together with dismissed the action.
OVERVIEW: The intended beneficiary brought an activity for negligence together with breach of contract alleging that his father's lawyer failed to draft a volition that incorporated the father's actual intent to exit all his ground to the intended beneficiary inward fee simple. The trial courtroom dismissed the claim together with held that a lawyer who drafted a volition owed no duty to intended beneficiaries. On appeal, on an number of showtime impression, the courtroom reversed together with remanded the case.
HOLDING:
The courtroom held that although at that spot was no privity betwixt a drafting lawyer together with an intended beneficiary, the obvious foreseeability of injury to the beneficiary demanded an exception to the privity dominion together with that an identified beneficiary had third-party beneficiary status.
ANALYSIS:
The courtroom farther held that an intended beneficiary stated a displace of activity but past times pleading sufficient facts to constitute that an attorney negligently failed to effectuate the testator's intent every bit expressed to the attorney. The courtroom found no footing for collateral estoppel because a finding of actual intent past times the probate courtroom was non necessary for that judgment. The trial courtroom erred inward excluding the appraisal values inward the probate inventory.
OUTCOME: The courtroom reversed together with remanded the conclusion of the trial court, which issued a at i time verdict together with summary judgment for a lawyer inward the intended beneficiary's activity for negligence together with breach of contract.
Simpson v. Calivas (N.H. 1994) [8 CB 49]: Deceased consulted lawyer together with wanted to exit married adult woman a life tenancy together with remaining lands to his son. Lawyer drafted volition then that the life had a life tenancy inward all the property, residue to the son. Son sued father’s lawyer. Rule: Lawyer who drafts volition owes duty of reasonable attention to the intended beneficiaries of the will, including effecting the testator’s intent. The contractual privity requirement is non ironclad together with volition hold upwards defeated where it is foreseeable that an injury to the intended beneficiary volition occur.
1. Some states give-up the ghost on to enforce the contract theory together with hence prohibit a malpractice adjust against past times the intended beneficiary against the drafting lawyer w/o strict privity
2. Many courts, though, let suits based inward tort or combo of tort together with contract
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