Berry v. Dodson, Nunley & Taylor, P.C.

OPINION

DIAL, Justice.

This appeal from a summary judgment presents a question of first impression in Texas: whether the privity requirement precludes a negligence action brought by the intended beneficiaries of a decedent’s estate against the attorneys who failed to prepare a new will in accordance with the decedent’s instructions prior to his death. We hold that it does and affirm the summary judgment.

The appellants, who were plaintiffs below, are Julia Berry, decedent’s wife, and her two minor children by a prior marriage. Appellees are attorney J. Ken Nunley and his law firm, Dodson, Nunley…