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Keywords

contractbreach of contractattorneyverdictwill

contractbreach of contractattorneyverdicttestimonywill

Related Cases

Gregg v. Lindsay, 437 Pa.Super. 206, 649 A.2d 935

Facts

Arthur Blain had a will drafted by attorney Carl Lindsay, naming Phyllis Murphy as the sole beneficiary. In November 1984, while hospitalized, Blain expressed a desire to create a new will that would include substantial bequests to his friend James Gregg and others. Gregg contacted Lindsay to draft this new will, but due to the need for witnesses and Blain's transfer to another hospital, the will was never executed before Blain's death.

In November 1984, Blain was admitted to the Doylestown Hospital, where he was confined to the Intensive Care Unit following a double femoral bypass. While there, Blain was visited by his longtime friend, James Gregg. According to Gregg's subsequent testimony, he raised with Blain the matter of a will; and after some discussion, Blain directed him to contact Lindsay and have him draft a new will making a substantial bequest to Gregg and also naming Gregg as executor.

Issue

Did the attorney breach a contract intended to benefit the would-be beneficiary by failing to execute the new will before the testator's death?

Rule

For a third party to recover as a beneficiary under a contract, there must be clear evidence of a contract intended to confer a benefit on that third party, and the performance must satisfy an obligation of the promisee to pay money to the beneficiary.

Analysis

The court analyzed whether a contract existed between Blain and Lindsay that intended to benefit Gregg. It found that since the will was never executed, there was no clear evidence of an agreement that conferred a present benefit on Gregg. Furthermore, even if a contract were found, the attorney's actions did not constitute a breach, as he acted in accordance with Blain's wishes and deferred execution until the following day.

Conclusion

The court reversed the jury's verdict, concluding that there was no breach of contract and that the would-be beneficiary had no cause of action against the attorney.

Who won?

Lindsay, the attorney, prevailed in the case because the court found no breach of contract and ruled that the would-be beneficiary could not recover.

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