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BARCELO v. ELLIOTT

No. 95-0341.

923 S.W.2d 575 (1996)

Leroy BARCELO, III, Terri Jo Barcelo, Cecil Wayne Barcelo, Jr., Christopher Lee Barcelo, and Frances Michelle Barcelo Schock, Petitioners, v. David J. ELLIOTT and Eikenburg & Stiles, P.C., Respondents.

Supreme Court of Texas.

Rehearing Overruled July 8, 1996.

Attorney(s) appearing for the Case

Gary L. McConnell, Angleton, for petitioners.

Sam W. Cruse, Jr., Billy Shepherd, John P. Scott, Houston, for respondents.

PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, HECHT, ENOCH, and BAKER, Justices, joined.

The issue presented is whether an attorney who negligently drafts a will or trust agreement owes a duty of care to persons intended to benefit under the will or trust, even though the attorney never represented the intended beneficiaries. The court of appeals held that the attorney owed no duty to the beneficiaries, affirming the trial court's...

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