Lilyhorn v. Dier

F. Gary Lilyhorn, the plaintiff, has appealed from an order of the District Court sustaining the motion for summary judgment filed by John E. Dier, defendant, and dismissing plaintiff’s action. We affirm.

Plaintiff was the son and one of four heirs of Luella M. Lilyhorn, deceased. He alleges in his petition that the defendant, an attorney, drafted a will for his mother which purported to devise to the plaintiff 240 acres located in Phelps County, although at the time his mother owned but a life estate in that property, which fact was known to the defendant.

The plaintiff goes on to allege that…