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Keywords

contractbreach of contracttortplaintiffdefendantdamagesattorneynegligenceappealwillthird-party beneficiary
contractbreach of contracttortplaintiffdefendantdamagesattorneynegligencewillthird-party beneficiary

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Ogle v. Fuiten, 102 Ill.2d 356, 466 N.E.2d 224, 80 Ill.Dec. 772

Facts

Plaintiffs James Elvin Ogle and Leland W. Ogle sued defendants Lorraine Fuiten and Robert G. Heckenkamp, alleging that attorney William F. Fuiten negligently drafted wills for their relatives, Oscar H. Smith and Alma I. Smith. The plaintiffs claimed that the wills did not reflect the testators' intentions to benefit them as contingent beneficiaries. The circuit court dismissed the complaint, but the appellate court reversed, leading to the current appeal.

Plaintiffs, James Elvin Ogle and Leland W. Ogle, initiated this action in the circuit court of Sangamon County against defendants, Lorraine Fuiten, as executrix of the estate of William F. Fuiten, and Robert G. Heckenkamp, who, under the name of Heckenkamp and Fuiten, had been associated with William F. Fuiten in the practice of law. In a two-count complaint plaintiffs alleged that William F. Fuiten had negligently drafted wills for Oscar H. Smith and Alma I. Smith, respectively an uncle and aunt of plaintiffs, and alternatively, that Fuiten failed to properly perform his contract with the Smiths to fulfill their testamentary intentions, and in so doing, failed to benefit the plaintiffs.

Issue

Did the plaintiffs sufficiently allege a cause of action for negligence and breach of contract against the attorney for failing to draft wills that reflected the testators' intentions?

Did the plaintiffs sufficiently allege a cause of action for negligence and breach of contract against the attorney for failing to draft wills that reflected the testators' intentions?

Rule

The court applied the traditional elements of negligence in tort and the theory of third-party beneficiary breach of contract, determining that an attorney can be liable to intended beneficiaries for negligent drafting of a will.

The court applied the traditional elements of negligence in tort and the theory of third-party beneficiary breach of contract, determining that an attorney can be liable to intended beneficiaries for negligent drafting of a will.

Analysis

The court found that the allegations in the complaint met the necessary elements for both negligence and breach of contract. It noted that the plaintiffs had sufficiently claimed that the attorney owed a duty to ascertain the testators' intentions and that the failure to do so resulted in damages. The court distinguished this case from others by emphasizing that the representation was nonadversarial and focused solely on drafting the wills for the benefit of the plaintiffs.

The court found that the allegations in the complaint met the necessary elements for both negligence and breach of contract. It noted that the plaintiffs had sufficiently claimed that the attorney owed a duty to ascertain the testators' intentions and that the failure to do so resulted in damages.

Conclusion

The Supreme Court affirmed the appellate court's decision, allowing the plaintiffs' claims to proceed, as the validity of the wills did not negate the allegations of negligence and breach of contract.

Judgment affirmed.

Who won?

Plaintiffs prevailed in the case because the court found that they had adequately stated claims for negligence and breach of contract against the attorney, allowing their case to move forward.

Plaintiffs prevailed in the case because the court found that they had adequately stated claims for negligence and breach of contract against the attorney, allowing their case to move forward.

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