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Lucas v. Hamm
Supreme Court of California, En Banc
364 P.2d 685 (1961)
Robert Lucas and others (plaintiffs) were intended beneficiaries under Eugene Emmick’s will, which was drafted by attorney L.S. Hamm (defendant). After Emmick’s death, the will was admitted to probate. Because of errors made by Hamm with respect to the rule against perpetuities and restraints on alienation, the provision of the will regarding plaintiffs was declared invalid. Plaintiffs ended up settling with Emmick’s relatives for an amount that was $75,000 less than what they would have received under the will but for Hamm’s error. Plaintiffs sued Hamm. The trial court dismissed their complaint. Plaintiffs appealed.
Rule of Law
Holding and Reasoning (Gibson, C.J.)
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