59-701. Letters testamentary. Letters testamentary shall be granted to the executor, if any is named in the will, if he or she is legally competent and shall accept the trust; otherwise letters of administration shall be granted with the will annexed.
History: L. 1939, ch. 180, ยง 58; July 1.
Source or prior law:
22-302, 22-307.
Law Review and Bar Journal References:
Annotations No. 1 and No. 3 discussed in 1955-56 survey of law of administration of estates, Richard C. Harris, 5 K.L.R. 143, 145, 146, 147 (1956).
CASE ANNOTATIONS
1. Court must appoint executor named in will as executor; exceptions. In re Estate of Grattan, 155 Kan. 839, 849, 850, 851, 853, 130 P.2d 580.
2. Admitting will to probate is one proceeding and issuing letters testamentary another. Price v. Gibson, 165 Kan. 10, 18, 192 P.2d 219.
3. Executor named in will held legally competent. In re Estate of Snyder, 179 Kan. 252, 255, 256, 257, 294 P.2d 107, following In re Estate of Grattan, 155 Kan. 839, 130 P.2d 580.
4. Applied in determining order refusing to appoint executor; matter incidental to admission and does not require additional appeal. In re Estate of Teichgraeber, 217 Kan. 373, 382, 389, 537 P.2d 174.
5. Where unusual facts show executor named in will is clearly not a suitable person, court may appoint another. In re Estate of Petty, 227 Kan. 697, 705, 608 P.2d 987.
6. Statute tempered by construction; "unsuitable for position" means nominee's conduct would justify removal if appointed. In re Estate of Adams, 237 Kan. 556, 557, 558, 701 P.2d 965 (1985).
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