Noecker v. Noecker

The opinion of the court was delivered by

Cunningham, J. :

This was an action by the executors of the will of William Noecker to partition a tract of land in Dickinson county, Kansas. ' The plaintiff in error, the widow of William Noecker, together with a number of residuary legatees, were defendants in the action. William Noecker had been a resident of *348the state of Illinois, where he died, leaving no children. His will, which was proved in the county of his residence, disposed of his Kansas property by giving to his executors power : (1) To sell such portions thereof as should be necessary to…