Kroenke v. Schnackenberg

TURNAGE, Chief Judge.

Metcalf State Bank, the personal representative of the Estate of Elaine K. Buckley, brought an action to construe her will. The probate court found in favor of Gary and Janice Schnackenberg, and Ruth Ann Kroenke appealed this judgment. The question on appeal is whether real estate Elaine acquired after she executed her will should pass under a specific devise or under the residuary clause. The probate court held that it passed under the specific devise. Reversed and remanded.

Elaine K. Buckley, a Kansas resident, executed her will on May 13, 1981. She included the…