In Re Estate of Woodshank

Petitioner Audrey Sebben, as executor for the estate of Rudolph Wood-shank, filed a petition to sell decedent’s one-half interest in residential property which had been owned jointly by decedent and his former wife Adelynne Woodshank, respondent herein. The Circuit Court of La Salle County granted respondent’s motion to dismiss the petition, on the grounds that the property passed to respondent upon decedent’s death; and petitioner appeals.

This dispute originated with a contested divorce proceeding. In October of 1969 Adelynne Woodshank was granted a divorce from Rudolph Woodshank. After a…