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KIMMEL v. ROBERTS

No. 35905.

136 N.W.2d 208 (1965)

179 Neb. 8

Alva KIMMEL et al., Appellants, v. Richard ROBERTS et al., Appellees.

Supreme Court of Nebraska.

July 9, 1965.

Attorney(s) appearing for the Case

Edward J. Robins, Fremont, for appellants.

Richards, Yost & Schafersman, Fremont, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

CARTER, Justice.

Plaintiffs brought this suit in the district court for Dodge County for the specific performance of an oral agreement by Frank Middaugh and Elizabeth Middaugh to execute reciprocal and irrevocable wills. The trial court found the evidence insufficient to sustain an enforcible contract. The plaintiffs have appealed.

Frank Middaugh and Elizabeth Middaugh were husband and wife. No children were born to them. They had acquired property, as stated...

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