Jonathan E. Presnell v. Eston J. Presnell, III

WALKER, Chief Justice:

*27 Rosezella Presnell (Testator) passed away in 2014 and her will devised a family farm and other property to her three children-Petitioner Jonathan Presnell and Respondents Judith Wolfe and Eston Presnell, Jr. Petitioner sought to have the family farm partitioned in kind and argues that it was a specific devise, the sale of which requires a showing that the property is not amenable to partition in kind consistent with West Virginia Code §§ 44-8-1 1 and 37-4-3. 2 Co-executors of the estate, two of the Testator's grandchildren, sought a court order to sell the family farm.…