HALE v. GROCE

CC A8511-06822; CA A38914; SC S33630, S33631.

744 P.2d 1289 (1987)

Constance HALE, Respondent/Petitioner On Review, v. Robert GROCE, Petitioner/Respondent On Review.

Supreme Court of Oregon.

Decided November 3, 1987.


Attorney(s) appearing for the Case

Emil R. Berg, Portland, argued the cause for petitioner/respondent on review. With him on the petition and a response was Hallmark, Griffith & Keating, P.C., Portland.

Rick T. Haselton, of Lindsay, Hart, Neil & Weigler, Portland, argued the cause and filed the petition for respondent/petitioner on review.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and GILLETTE, JJ.


LINDE, Justice.

Defendant, who is an attorney, was directed by a client to prepare testamentary instruments and to include a bequest of a specified sum to plaintiff. After the client's death, it was discovered that the gift was not included either in the will or in a related trust instrument. After an unsuccessful attempt to obtain judicial reformation of the will and trust, plaintiff brought the present action for damages against the attorney.

The complaint...

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