In re Estate of Dobrovolny

The opinion of the court was delivered by 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 pursuant
to the laws of descent and distribution. The facts have been agreed upon and are summarized as follows:
The decedent, Jennie Dobrovolny, and Frank Dobrovolny were
married and lived together for many years in Marshall County,
Kansas; they had three children: two sons, Frank, Jr. and Ivan,
the appellees, and a daughter, Anna E. Scheibe, the appellant.
During their marriage Jennie and Frank acquired three tracts of
land in Marshall County at different times: the first tract
consisted of the northeast quarter of section 9; the second tract
consisted of the southeast quarter of section 9, and the third
tract consisted of the north half of the southwest quarter of
section 15, all in township 5, range 6, east of the 6th P.M.