Fennell v. Fennell
Supreme Court of Kansas
Error from Jackson district court; Marshall Gep:hart, judge. STATEMENT. Thomas Fennell lived in Jackson county, Kansas, .'and was the owner of a half-section of land in that «county, being the east half of section 5, in township 9, of range 13. The amount of his personal property, if any, •does not appear. On the 26th day of March, 1907, he • died, leaving a widow — Anne Fennell, four sons — Edward, Joseph, Enos, and John, and three daughters— Lucy, Catherine, and Anne.
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Error from Jackson district court; Marshall Gep:hart, judge. STATEMENT. Thomas Fennell lived in Jackson county, Kansas, .'and was the owner of a half-section of land in that «county, being the east half of section 5, in township 9, of range 13. The amount of his personal property, if any, •does not appear. On the 26th day of March, 1907, he • died, leaving a widow — Anne Fennell, four sons — Edward, Joseph, Enos, and John, and three daughters— Lucy, Catherine, and Anne. On the 16th day of August, 1906, Thomas Fennell executed a will, which was duly .probated April 10, 1907. The widow, upon…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
It is contended by the plaintiffs in error-that when the widow elected to take under the statute- and her -part of the land was set apart to her the will *733thereby becáme nugatory, because it was impossible thereafter to effectuate the intent of the testator as evidenced by the will. On the other hand, it is insisted by the defendants in error that where a widow refuses to accept the provisions of her husband’s will and takes under the law she thereby defeats the purposes of the testator so far as she is concerned only, and the other…
2Cases cited5 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Sevier v. WoodsonSupreme Court of Missouri · 1907
- Reid v. VoorheesIllinois Supreme Court · 1905
- Noecker v. NoeckerSupreme Court of Kansas · 1903
- Allen v. HannumSupreme Court of Kansas · 1875
3Cited by8 opinions
- Kimberlin v. HicksSupreme Court of Kansas · 1939
- In Re Bernheim's EstateMontana Supreme Court · 1928
- Hill v. BuckholtsSupreme Court of Oklahoma · 1919
- Hunter v. HunterNebraska Supreme Court · 1935
- In Re Estate of RobinsonSupreme Court of Kansas · 1982
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