Klockner v. Green

Richard Klockner (plaintiff), stepson of Edyth Klockner, performed services and attended to Edyth's needs before her death, while his daughter Frances (plaintiff) also spent considerable time with Edyth; Edyth told Richard she wanted to compensate him and would leave her real property to him and personal property to Frances if he continued to allow Frances's visits, and she instructed her attorney, Mr. Green (defendant), to prepare a will reflecting this arrangement, but Edyth died after receiving the drafted will but before signing it. Although Richard and Frances testified they would have continued providing services regardless of any promised bequest, they sued when Edyth's estate instead passed to other parties via intestacy; the trial court granted Green's motion to dismiss for lack of evidence of a contract, the appeals court affirmed based on lack of reliance, and the Klockners appealed further.