PHILP v. FIRST NAT. BANK & TRUST CO.

No. 44504.

326 N.W.2d 48 (1982)

212 Neb. 791

Kathryn L. Kramer PHILP et al., Appellants, v. FIRST NATIONAL BANK & TRUST COMPANY, Personal Representative of the Estate of Irma Kramer, deceased, et al., Appellees.

Supreme Court of Nebraska.

November 5, 1982.


Attorney(s) appearing for the Case

Ephraim L. Marks and James M. Woodruff of Marks, Clare, Hopkins, Rauth & Cuddigan, Omaha, for appellants.

William G. Line and John F. Kerrigan of Kerrigan, Line & Martin, Fremont, for appellee Katharine Douglas.

Vance E. Leininger of Albert, Leininger & Grant, Columbus, for appellees First Nat. Bank & Trust Co.

Heard before BOSLAUGH, McCOWN, CLINTON, and WHITE, JJ., and BRODKEY, J., Retired.


McCOWN, Justice.

This is an action in equity based upon a written agreement allegedly intended to constitute a succession contract and a contract to make a will. The amended petition alleged the breach of the agreement by the decedent in making a will contrary to the agreement, and prayed for specific performance of the written agreement by impressing a trust upon the assets in the estate of the decedent, who had executed the agreement. The defendants filed general...

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