Logourl black

Lucas v. Hamm

Supreme Court of California, En Banc
364 P.2d 685 (1961)


Facts

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Gibson, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 93,000 law students rely 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.
  • 12,592 briefs - keyed to 169 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.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now