Hiemstra
Hiemstra v. Huston
Opinion
Opinion
Lillie, J.
In his third amended complaint for negligence and malpractice against a firm of attorneys and a bank, plaintiff, son of the decedent, alleged that on January 24, 1968, Sevigne Hiemstra, decedent’s wife, visited the bank and was introduced to its trust officer, Frederick W. Hearn, a member of defendant law firm, whom she informed that her husband was seriously ill; that defendants knew, or in the exercise of reasonable diligence should have known, that decedent had engaged an attorney to prepare his last will; that on January 31, 1968, without notice to decedent or his attorney, defendants without knowledge of his physical or mental condition, the amount or nature of his properties, or his true dispositive testamentary wishes or intent, family situation or prior wills, gifts, insurance or trusts, negligently and without instructions from him prepared his last will and testament; that on February 2, 1968, Sevigne and defendants went to the hospital and wrongfully induced and prevailed upon decedent to execute the will which designated Sevigne as beneficiary of his entire estate with the exception'of specific bequests to him (plaintiff), blood relatives and a charity; that…