McCabe v. Dawkins

GREENE, Judge.

Plaintiff-executor appeals the trial court’s grant of summary judgment for defendants in his action against defendants for legal malpractice. Plaintiff is the executor of a will which individual defendant attorney Donald M. Dawkins (“Dawkins”) drafted. The will purported to create a trust, but omitted a granting clause to fund the trust. If the trust were valid, the trust would distribute assets to a group of beneficiaries which would include unborn and unnamed beneficiaries who are different from the group of beneficiaries who would take if the trust were not valid. Both groups…