Biakanja v. Irving
California Supreme Court
320 P.2d 16, 49 Cal. 2d 647 (1958)
- Written by Nathan Herkamp, JD
Facts
John Maroevich had Thomas Irving (defendant) prepare a will. Irving was a notary public but not an attorney. Maroevich signed the will in Irving’s presence, and Irving notarized Maroevich’s signature. There were no witnesses at this signing. Maroevich later had two witnesses sign the will; however, the witnesses did not sign at the same time as each other, and Maroevich did not acknowledge his signature to the witnesses. The will left everything to Maroevich’s sister, Vinka Biakanja (plaintiff). After Maroevich died, Biakanja attempted to probate the will prepared by Irving. Probate was denied, and the estate was distributed according to California intestacy laws. Biakanja received one-eighth of the estate. Biakanja sued Irving for the remaining value of the estate (not including the one-eighth she did receive), which Biakanja would have inherited if the will Irving drafted had been valid. Irving argued that Biakanja lacked privity because Biakanja was not Irving’s client—Maroevich was. The trial court ruled for Biakanja and awarded damages. Irving appealed.
Rule of Law
Issue
Holding and Reasoning (Gibson, C.J.)
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