Price, Administrator v. Holmes

The opinion of the court was delivered by

Fontron, J.:

This is an action to recover damages sustained by the plaintiffs decedent, Lillian Price, which allegedly resulted from the faulty execution of a will. The trial court sustained the defendant’s motion for summary judgment and the plaintiff has appealed. We shall refer to the parties as plaintiff, on the one hand and as defendant, or Holmes, on the other.

The facts which give rise to this rather bizarre lawsuit are these: On November 16, 1960, Henry H. Weber, who was a very sick man, drove to The Riley State Bank and asked the banker, Harold…