In Re Estate of Dobrovolny

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 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…