Landwehr v. Citizens Trust Co.

The issue presented is whether a cause of action in negligence arises out of a testator’s failure to properly execute his will. The trial court granted the defendant’s motion to dismiss the complaint, and the court of appeals affirmed. We conclude that the complaint fails to state a claim upon which relief can be granted, because this alleged breach of contract is not actionable in tort. Accordingly, we affirm the decision of the court of appeals.

Otto Landwehr, the father of the plaintiff, Oswald Landwehr, executed a “will” that was not admitted to probate because it was only attested by one…