RIECK v. RIECK

No. 85CA0290.

724 P.2d 674 (1986)

Willard RIECK, Dale Rieck, Dorothy Struble, and Alva J. Lund, Plaintiffs-Appellants, v. Mary A. RIECK, in her capacity of personal representative of the Estate of Howard Rieck, and as an Individual, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

July 3, 1986.


Attorney(s) appearing for the Case

Goodbar & Johnson, David M. Johnson, Colorado Springs, for plaintiffs-appellants.

Wilder, Wells & Larimer, P.C., Raymond E. Wilder, Colorado Springs, for defendant-appellee.


BABCOCK, Judge.

In this action for injunctive relief and to impose a resulting trust on the assets of the estate of Howard Rieck (decedent), plaintiffs, children and stepchildren of decedent, appeal the judgment of involuntary dismissal entered by the trial court in favor of decedent's widow, Mary A. Rieck (defendant), at the close of plaintiffs' case-in-chief. We affirm.

On January 13, 1983, decedent and defendant executed wills which contained mutual and...

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