Lucas v. Hamm

56 Cal.2d 583 (1961)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Hamm (D), an attorney, agreed to draft a will for Emmick. Lucas and others (P) were designated as beneficiaries of Emmick's estate, and D agreed to draft that will. In drafting it, D violated the rule against restraints on alienation and the rule against perpetuities. The provisions purporting to bequeath a portion of Emmick's property to P were not valid. P was forced to reach a settlement with Emmick's blood relatives and lost $75,000 of the money P should have received if the will had been drafted properly. P sued D for negligence and a breach of contract. D demurred, and the court sustained the demurrer without leave to amend. P appealed.