HELITZER v. HELITZER

Nos. 83-1055, 83-1120.

761 F.2d 582 (1985)

Elinor HELITZER, as Executor of the Estate of Bernard Helitzer, Deceased, Plaintiff-Appellee/Cross-Appellant, v. Melvin HELITZER, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 23, 1985.


Attorney(s) appearing for the Case

Richard D. Ewy (John F. Eberhardt with him on brief), Foulston, Siefkin, Powers & Eberhardt, Wichita, Kansas, for defendant-appellant, cross-appellee.

John R. Morse of Fleeson, Gooing, Coulson & Kitch, Wichita, Kansas, for plaintiff-appellee, cross-appellant.

Before LOGAN and SETH, Circuit Judges, and KANE, District Judge.


LOGAN, Circuit Judge.

The appeals in this diversity action arose out of a contract made between two brothers with respect to their mother's property, which they believed they would take by will or by survivorship arrangements when their mother died. At the time of the agreement their mother, Lena Helitzer, lived in Florida; one of the brothers, Melvin Helitzer, lived in New York; the other, Bernard Helitzer, lived in Kansas...

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