Ogle v. Fuiten

Plaintiffs, James Elvin Ogle and Leland W. Ogle, initiated this action in the circuit court of Sangamon County against defendants, Lorraine Fuiten, as executrix of the estate of William F. Fuiten, and Robert G. Heckenkamp, who, under the name of Heckenkamp and Fuiten, had been associated with William F. Fuiten in the practice of law. In a two-count complaint plaintiffs alleged that William F. Fuiten had negligently drafted wills for Oscar H. Smith and Alma I. Smith, respectively an uncle and aunt of plaintiffs, and alternatively, that Fuiten failed to properly perform his contract with the Smiths to fulfill their testamentary intentions, and in so doing, failed to benefit the plaintiffs. Defendants moved to dismiss for failure to state a cause of action. The circuit court allowed the motion, and plaintiffs appealed. The appellate court reversed and remanded (112 Ill. App.3d 1048), and we allowed defendants' petition for leave to appeal (87 Ill.2d R. 315).