Geiger v. Geiger, 37546
| Decision Date | 26 June 1970 |
| Docket Number | No. 37546,37546 |
| Citation | 185 Neb. 700,178 N.W.2d 575 |
| Parties | Velmor GEIGER, Appellee, v. Rex GEIGER, as Executor of the Estate of John Geiger, deceased, Rex Geiger, individually, and Dolores Geiger, Appellants. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. An agreement between a husband and wife to execute mutual wills, evidenced by a recital in the wills executed pursuant to the agreement, is valid and enforceable.
2. The mutual promises of the parties to such an agreement are an adequate consideration.
Ginsburg, Rosenberg, Ginsberg & Krivosha, R. P. Cathcart, Bernard Wishnow, Charles J. Knight, Lincoln, for appellants.
John R. Brogan, York, Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, for appellee.
Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and CHADDERDON, District Judge.
John Geiger and Frances Geiger, who were husband and wife and residents of York County, Nebraska, executed reciprocal wills on December 22, 1954. Each will gave all of the property to the surviving spouse and provided that on the death of the surviving spouse, Rex Geiger, a son, was to have an option to purchase the homestead quarter at a price to be determined by appraisal. The residue of the property was then to be divided equally among the testators' three children, Velmor Geiger, Dolores Geiger, and Rex Geiger.
Each of the wills contained the following provision, identical except as to names: 'My wife, Frances Geiger, and myself have made these mutual wills as of the date this will bears, after an agreement between us that we would divide our property as hereinbefore provided.' The following notation was placed on the will of Frances Geiger and signed by John Geiger:
Frances Geiger died on January 8, 1963. On March 30, 1965, John Geiger made a new will with substantial changes in the division of his property among his children. John Geiger died on September 24, 1966, and his will made on March 30, 1965, was admitted to probate. This action was commenced on June 25, 1968, to enforce the agreement between John Geiger and Frances Geiger for mutual wills.
The district court found generally for the plaintiff and directed that the estate of John Geiger, deceased, be distributed in accordance with the provisions of his December 22, 1954, will. The defendants have appealed.
The defendants' principal contention is that the evidence was not sufficient to establish the agreement between John Geiger and Frances Geiger for mutual wills. The answer to this contention...
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