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IN RE ESTATE OF DOBROVOLNY

No. 40,690

182 Kan. 138 (1957)

318 P.2d 1053

In the Matter of the Estate of Jennie Dobrovolny, Deceased. (ANNA E. SCHEIBE, Appellant, v. W.A. YOUNGQUIST, Executor; FRANK D. DOBROVOLNY and IVAN DOBROVOLNY, Appellees.)

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

David Prager and Jacob A. Dickinson, of Topeka, argued the cause, and William W. Dimmitt, Jr., and Sam A. Crow, both of Topeka were with them on the briefs for appellant.

Rowland Edwards, of Waterville, argued the cause and was on the briefs for appellees Frank Dobrovolny and Ivan Dobrovolny. C.D. Smith, of Blue Rapids, was on the briefs for appellee W.A. Youngquist, Executor.

The opinion of the court was delivered by

FATZER, J.:

This appeal involves the construction of the will of Jennie Dobrovolny and arises on the executor's petition for final settlement. The question presented is whether Jennie's undivided one-half interest in an 80-acre farm passed to the residuary devisee under her will, or whether there was a partial intestacy causing the real estate to descend to her heirs at law...

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