J'Noel Gardiner was 41-years-old when she married her late husband, then 85-year-old Marshall Gardiner.  She was also a transsexual who had undergone a sex change operation.  Formerly Jay Ball, Ms. Gardiner underwent a sex change operation to become a woman in 1994.  After the operation, she obtained a new birth certificate designating her as female in gender from Wisconsin, the state of her birth.  A professor of finance at a Missouri University, Ms. Gardiner met her future husband when he introduced himself to her at a 1998 Founders Day celebration at the college.  The two dated for several months and married later that year in Kansas.  Mr. Gardiner died of natural causes a year after the marriage, but did not leave a will.  Under Kansas law, J'Noel, as the surviving widow, would be entitled to one-half of his $2.7 million estate; the other half would go to Joe Gardiner, Marshall's only child.

Despite her sex change and legal birth certificate, a Kansas district court has ruled that J'Noel is a man.  Because Kansas does not recognize same sex marriages, the court has ruled that J'Noel cannot inherit from her late husband's estate.  J'Noel is appealing the decision.

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