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Contracts Keyed to Calamari
Lucas v. Hamm
Facts
The Plaintiffs, Lucas and others (the "Plaintiffs"), are some of the beneficiaries under the will of Eugene H. Emmick ("Mr. Emmick"). The Plaintiff brought suit against the Defendant, L.S. Ham (the "Defendant"), who was engaged by Mr. Emmick to prepare his will and certain codocils. Under the will prepared by the Defendant, the Plaintiff was to receive 15% of the residue of a trust to be established. The Defendant in attempting to establish the trust was negligent, and used phrases that violated the "Civil Code relating to restraints on alienation and the rule against perpetuities." The will and codicils were admitted to probate and shortly thereafter the Defendant wrote to the Plaintiffs and informed them that their distributions were invalid. Instead of receiving the 15% residue of the trust, the Plaintiffs would have to enter into a settlement with Mr. Emmick's blood relatives and receive $75,000 less than they would have if the Defendant properly drafted the provision of the will. The Plaintiffs brought suit against the Defendant as third party beneficiaries of the contract made between the Defendant and Mr. Emmick to prepare the Mr. Emmick's will. The Defendant demurred and the lower court sustained the demurrer.
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