Lucas v. Hamm
Supreme Court of California, En Banc
364 P.2d 685 (1961)
Robert Lucas and other intended beneficiaries (plaintiffs) under Eugene Emmick's will, drafted by attorney L.S. Hamm (defendant), lost their bequests after errors regarding the rule against perpetuities and restraints on alienation rendered the relevant will provision invalid; the plaintiffs settled with Emmick's relatives for $75,000 less than they would have received but for the errors, then sued Hamm, and the trial court dismissed the complaint.
Whether, where intended beneficiaries of a will are deprived of benefits under the will because of the negligence of the attorney who drafted the will, those beneficiaries have a right to sue the attorney as third-party beneficiaries to the contract between the attorney and testator.