Eikmeier v. Eikmeier

The opinion of the court was delivered by

Price, J.:

This was an action by which plaintiff sought to invoke the equitable jurisdiction of the court to define and protect his rights as a third party beneficiary of an alleged agreement and contract between his parents, one of whom is now deceased, evidenced by their mutual and reciprocal wills. Judgment was for plaintiff and defendants have appealed.

The physical facts are not in dispute and are as follow:

Fred and Mary D. Eikmeier, husband and wife, were pioneer residents of Pawnee County. They were the parents of three children, Lee, plaintiff…