Wagner v. Maskey

Bernice Wagner died intestate in 1970 owning a farm as tenant in common with her husband, Earl R. Wagner. Under intestate succession, Earl received one-third of Bernice’s undivided one-half share, or one-sixth of the entire farm, in addition to the undivided one-half share which he owned as tenant in common. Bernice’s children, Joyce E. Maskey and Dale E. Wagner, each received one-third of Bernice’s half, or one-sixth of the farm. Joyce and Dale gave Earl a life estate in each of their one-sixth interests in exchange for each receiving half of Earl’s remainder interest in Bernice’s half of…