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

Fuiten (D), attorney at law, was retained to draft the joint wills of Ogle's (P) aunt and uncle. They intended to leave their properly to P if either failed to survive the other by 30 days. D drafted the wills by leaving out P as a beneficiary. The aunt and uncle eventually died within 39 days of each other, and their estates passed by intestacy. P then sued D for malpractice. D filed a motion to dismiss, and it was granted on the grounds that a nonclient must allege and prove that the primary purpose and intent of the attorney-client relationship must have been to benefit the third party. The appellate court reversed; P had standing as a third-party beneficiary. D appealed.

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