Espinosa v. Sparber, Shevin, Shapo, Rosen & Heilbronner

612 SO. 2D 1378 (1993)

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Nature of the Case

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Facts

Roskin drafted a will for Testator. The will contained no provision for after-born children. After the birth of a fourth child (P), who was not named in the will, Testator contacted Roskin about including the child in his will. A new will was drafted but never executed. Testator later executed a codicil which made no mention of the child. After Testator's death, his widow brought a malpractice action against Roskin and his firm (D) on the child's behalf. The complaint was dismissed for lack of privity of contract. The Court of Appeals reversed the dismissal.