Biakanja v. Irving

Plaintiff's brother, John Maroevich, died, leaving a will which devised and bequeathed all of his property to plaintiff. The will, which was prepared by defendant, a notary public, was denied probate for lack of sufficient attestation. Plaintiff, by intestate succession, received only one-eighth of the estate, and she recovered a judgment against defendant for the difference between the amount which she would have received had the will been valid and the amount distributed to her.

Defendant, who is not an attorney, had for several years written letters and prepared income tax returns for…