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Contracts Keyed to Fuller
Hale v. Groce
Citation:
304 Or. 281, 744 P.2d 1289 (1987)Facts
Robert Rogers instructed defendant Groce, an attorney, to draft testamentary documents that would include a $300,000 gift to plaintiff Hale upon Rogers’ death. Groce allegedly promised to prepare a trust document in which Rogers and Hale would be co-trustees and through which Hale would receive the intended gift. When Groce presented the trust document for execution, he allegedly told Rogers and Hale that the document included the $300,000 gift. Relying on this representation, Rogers and Hale executed the trust without reading it. After Rogers’ death, it was discovered that the gift to Hale was not included in either the will or trust. After an unsuccessful attempt to obtain judicial reformation of the will and trust, Hale sued Groce for damages, asserting both negligence and breach of contract claims.
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