LUCAS V. HAMM
56 Cal.2d 583 (1961)
NATURE OF THE CASE: This was an action for damages for negligence and breach of contract.
Lucas (P) appealed a judgment of dismissal in P's action against attorney for damages for
alleged negligence in preparation of a will.
FACTS: Hamm (D), an attorney, agreed to draft a will for Emmick. Lucas and others (P)
were designated as beneficiaries of Emmick's estate and D agreed to draft that will. In
drafting it, D violated the rule against restraints on alienation and the rule against
perpetuities. The provisions purporting to bequeath a portion of Emmick's property to P were
not valid. P was forced to reach a settlement with Emmick's blood relatives and lost $75,000
of the money P should have received if the will had been drafted properly. P sued D for
negligence and a breach of contract. D demurred and the court sustained the demurrer without
leave to amend. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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