In re Estate of Stroble

Patricia J. Stroble was married to Charles R. Stroble (plaintiff). In 1975, a few years before Patricia’s death, Patricia moved her mother, Mary E. Klingele, into the home she shared with Charles. As a result, Charles moved out, and Charles and Patricia separated. Patricia executed a will in March 1978 giving all of her estate to Mary, provided Mary survived Patricia by 30 days. Charles was expressly excluded from the will. The will did not contain a residuary clause. In November 1978, Mary and Patricia died from asphyxiation and carbon-monoxide poisoning in their home after Patricia left her car running in an attached garage. There was no evidence to determine the sequence of their deaths. Mary’s heirs, John Robert Klingele, Pamela L. Golubski, Phillip Wayne Klingele, Sandra L. Clark, and Eugene Klingele (collectively, Mary’s heirs) (defendants) filed the will for probate. Charles filed an election to take half of Patricia’s estate via intestate succession as her surviving spouse. Under Kansas’s intestate-succession laws, a surviving spouse inherited the decedent’s entire estate. Mary’s heirs argued that the will was valid and the Kansas antilapse statute should apply. The trial court held that the will was effective as to one-half of the estate, giving each of Mary’s five heirs one-tenth of Patricia’s estate and awarding Charles one-half of Patricia’s estate pursuant to intestate succession. Mary’s heirs appealed.