Dickey v. Jansen

I disagree with the holding of the majority that the appellants’ pleading does not state a valid cause of action under Texas law.

In my opinion, the appellants alleged the essential elements of a third-party beneficiary action against the appellees. The appellants alleged their relationship with the testator; described their beneficial interest as devisees under the testator’s will; asserted that the testator had created the will for their benefit; and claimed that the attorney, who had prepared the will, represented to the testator that the will was legally and properly drawn and would…