BERRY v. DODSON, NUNLEY & TAYLOR, P.C.

No. 04-85-00561-CV.

717 S.W.2d 716 (1986)

Julia A. BERRY, et al., Appellants, v. DODSON, NUNLEY & TAYLOR, P.C., et al., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied October 2, 1986.


Attorney(s) appearing for the Case

Robert Scott, Tinsman & Houser, San Antonio, for appellants.

George H. Spencer, San Antonio, for appellees.

Before ESQUIVEL, TIJERINA and DIAL, JJ.


OPINION

DIAL, Justice.

This appeal from a summary judgment presents a question of first impression in Texas: whether the privity requirement precludes a negligence action brought by the intended beneficiaries of a decedent's estate against the attorneys who failed to prepare a new will in accordance with the decedent's instructions prior to his death. We hold that it does and affirm the summary judgment.

The appellants, who were plaintiffs below...

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