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Fabian v. Lindsay
South Carolina Supreme Court
765 S.E.2d 132 (2014)
Ross Lindsay (defendant) drafted a trust for Erika Fabian’s uncle. The trust as drafted provided that Fabian (plaintiff) would receive property only if the other named beneficiary died before Fabian’s uncle. Fabian claimed, however, that her uncle intended that Fabian would receive property if the other beneficiary failed to outlive both the uncle and the uncle’s spouse. Fabian sued Lindsay for legal malpractice, claiming that Lindsay’s drafting error effectively disinherited her. The circuit court granted Lindsay’s motion to dismiss for failure to state a claim. Fabian appealed.
Rule of Law
Holding and Reasoning (Beatty, J.)
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