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EIKMEIER v. EIKMEIER

No. 38,824

174 Kan. 71 (1953)

254 P.2d 236

LEE R. EIKMEIER, Appellee, v. FRED EIKMEIER and MARY A. EIKMEIER, Appellants.

Supreme Court of Kansas.

Opinion filed March 7, 1953.

Attorney(s) appearing for the Case

Morgan Wright, of Larned, argued the cause, and Roscoe E. Peterson and Russell L. Strobel, both of Larned, were with him on the briefs for the appellants.

Glee S. Smith, of Larned argued the cause, and James R. Boyd and Vincent G. Fleming, both of Larned, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action by which plaintiff sought to invoke the equitable jurisdiction of the court to define and protect his rights as a third party beneficiary of an alleged agreement and contract between his parents, one of whom is now deceased, evidenced by their mutual and reciprocal wills. Judgment was for plaintiff and defendants have appealed.

The physical...

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