Oswald Landwehr v. Citizens Trust Company

The issue presented is whether a cause of action in negligence arises out of a testators failure to properly execute his will. The trial court granted the defendants motion to dismiss the complaint, and the court of appeals affirmed. We conclude that the complaint fails to state a claim upon which relief can be granted, because this alleged breach of contract is not actionable in tort. Accordingly, we affirm the decision of the court of appeals.