Supreme Court of California
449 P.2d 161 (Cal. 1969)
Doris Kilburn hired Flaig (defendant) to draft a will for her. Mrs. Kilburn informed Flaig that she wanted to pass her entire estate to her two daughters (daughters) (plaintiffs), and that she was going to be marrying Glen Kilburn in the near future. Flaig drafted the will before the marriage, but did not mention Mr. Kilburn in the will other than listing him as the executor. Flaig also did not tell Mrs. Kilburn that the marriage would affect the will. When Mrs. Kilburn died, Mr. Kilburn claimed part of her estate as a post-testamentary spouse. The daughters brought a malpractice suit against Flaig, claiming that he was negligent in not accounting for Mrs. Kilburn’s impending marriage or advising her of its implications in the drafting of the will. The trial court dismissed the claim. The daughters appealed.
Rule of Law
Holding and Reasoning (Tobriner, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.