59-1407. Sale of personal property. The executor or administrator shall, within such time as the court may direct, sell the personal property, or any part thereof, belonging to the estate: (1) When the sale of such property is necessary for the payment of debts and other items, or legacies; (2) when a division thereof cannot be made in kind to those entitled thereto; or (3) when the sale thereof is to the best interests of the estate.
History: L. 1939, ch. 180, ยง 105; July 1.
Source or prior law:
22-131, 22-601, 22-735, 22-923.
Cross References to Related Sections:
Sale of personal property of decedent, see 59-2242 through 59-2245.
Law Review and Bar Journal References:
Estate planning for the small businessman, James K. Logan, 8 K.L.R. 590, 600 (1960).
CASE ANNOTATIONS
1. Probate court's jurisdiction to authorize sale of decedent's realty is limited; statutes construed. Magaw v. Emick, 167 Kan. 580, 585, 207 P.2d 448.
2. Executor's duty to estate rather than heirs or legatees, rights of creditors over heirs or legatees examined. In re Tax Appeal of Estate of Kerschen, 13 Kan. App. 2d 370, 373, 771 P.2d 74 (1989).
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