Rieck v. Rieck

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 reciprocal provisions. The wills provided, upon the death of the surviving spouse, that the family residence was to be left to defendant’s…