Ogle v. Fuiten
Illinois Supreme Court
466 N.E.2d 224 (1984)
- Written by Sean Carroll, JD
Facts
Oscar and Anna Smith hired William Fuiten to draft their wills. In the wills, the Smiths each left their estate to the other as long as the other survived the testator by 30 days. The wills stated that if the Smiths died in a common accident, their estates would pass to their nephews, James and Leland Ogle (plaintiffs). In effect, the wills did not have any provisions to devise the estates to anyone if the Smiths died within 30 days of each other but not from a common accident. Anna died 15 days after Oscar, leaving their estates to pass by intestate succession. The Ogles sued the executrix of the estate of Fuiten, who had died, as well as Fuiten’s law partner (defendants) for negligent drafting of the wills and for breach of contract. The Ogles claimed that the Smiths did not intend to let their estates pass by intestacy. Fuiten’s executrix and law partner filed a motion to dismiss the complaint. The circuit court granted the motion. The appellate court reversed. Fuiten’s executrix and law partner appealed.
Rule of Law
Issue
Holding and Reasoning (Goldenhersh, J.)
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