TORTS - RIGHT OF PROSPECTIVE LEGATEE AGAINST PERSON PREVENTING EXECUTION OF WILL

The plaintiff's sister had prepared a will which she desired to have witnessed, by the terms of which will the plaintiff would have received a share of her sister's estate. The defendant, brother-in-law of the plaintiff, by threats prevented his wife from completing the execution of the will, and he acquired all of her property by intestate succession. The plaintiff sued for damages in the amount of the proposed legacy, but the court held that the petition stated no cause of action inasmuch as there was no showing that the defendant had invaded any property right of the plaintiff. Cunningham v. Edward, (Ohio App. 1936) 3 N.E. (2d) 58.