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his business transactions. The decedent consulted
frequently with Mr. Laurence Clark, an attorney, and with
Mr. George Lippert, a certified public accountant. Neither
Mr. Clark nor Mr. Lippert is an expert in estate planning.
Most of the decedent's legal affairs were handled by
Mr. Clark, who is licensed to practice law in the State of
California. Mr. Clark engaged in a general practice of
law. He maintained a professional and personal
relationship with the decedent until the decedent's death.
Mr. Clark had minimal experience in estate planning
and in handling estates with assets of more than $1.2
million. Nevertheless, in 1978, he prepared wills for both
the decedent and Mrs. Rapp (the 1978 wills). These wills
were essentially identical. Each of the 1978 wills
provided that all household furniture and furnishings,
clothing, personal effects, and automobiles of the testator
were to be given to the surviving spouse. All other
property of the testator was given to the testator's two
sons to be held in trust during the life of the surviving
spouse. As cotrustees, Messrs. David and Richard Rapp were
given the power to disburse such amounts from the principal
and income of the trust estate as they would decide is
necessary "in their absolute discretion" for the "health,
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