This section contains the nature of the case and procedural background.

Groce (D), an attorney, was directed to prepare a bequest of a specified sum to P. After his client's death, it was discovered that the gift was not included in either the will or in a related trust agreement. P tried to get the will, and the trust reformed but was unsuccessful. P then sued D, the attorney at law, under negligence and under a third party beneficiary status. D moved to dismiss on the grounds that the action was not commenced within the time limit by the applicable tort statute. The circuit court held that the action was not time-barred but allowed D’s motion to dismiss. The trial court dismissed both claims. The Court of Appeals reinstated P's negligence claim and remanded for trial on the allegations that D was estopped from invoking the statute of limitations. Both parties petitioned.

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