Quimbee logo
DMCA.com Protection Status

Barcelo v. Elliott

923 S.W.2d 575 (1996)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Barcelo v. Elliott

Supreme Court of Texas

923 S.W.2d 575 (1996)

Play video

Facts

Attorney David Elliott drafted a will and trust for Frances Barcelo. The trust provided for certain distributions to Barcelo’s children and siblings after her death, with the remainder to be distributed to Barcelo’s grandchildren. After Barcelo’s death, the probate court found the trust to be invalid. Barcelo’s grandchildren (plaintiffs) brought a malpractice suit against Elliott (defendant). The trial court granted summary judgment in favor of Elliott, finding that he did not have a duty to Barcelo’s grandchildren because Elliott was not the grandchildren’s attorney. The court of appeals affirmed. Barcelo’s grandchildren argue on appeal that an attorney owes a duty of care to the beneficiaries specifically identified in a client’s estate plan.

Rule of Law

Issue

Holding and Reasoning (Phillips, C.J.)

Dissent (Cornyn, J.)

Dissent (Spector, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership