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

Most of the property held by the Hurney’s was in joint tenancy. Mrs. Hurney survived her husband, and as a result, the Mrs. got most of the property. Mr. Hurney’s will left half of his property to P, but P got very little. P claimed that the malpractice of D defeated this intention. D testified that to put the will’s intention into effect; he had to transfer the assets from joint tenancy to his own name. D moved for summary judgment. P discovered a new witness who had done Mr.’s bookkeeping. The witness signed an affidavit that D nor the Mr. ever mentioned to her that Mr. would have to change the title to assets to make the 1987 will effective. P now claims an inference that the advice was never given by D.

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