59-2407.
History: L. 1939, ch. 180, § 275; L. 1976, ch. 242, § 62; Repealed, L. 2006, ch. 56, § 5; July 1.
Source or prior law:
22-1105, 39-234.
Law Review and Bar Journal References:
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 105 (1979).
CASE ANNOTATIONS
1. Appeal from order appointing executor does not revoke order; effect; executor may publish notice of appointment while appeal from order pending. Hutchinson v. Pihlblad, 157 Kan. 392, 394, 395, 139 P.2d 835.
2. Administration may proceed although appeal from order admitting will pending. In re Estate of Dudley, 159 Kan. 160, 162, 152 P.2d 678.
3. Cited; executor not joined on appeal to supreme court; appeal dismissed. In re Estate of Weaver, 170 Kan. 321, 324, 224 P.2d 1004.
4. Appeal from order removing or appointing guardian suspends order only, does not revoke. In re Estate of Osborn, 179 Kan. 365, 369, 295 P.2d 615.
5. Appeal from order refusing transfer to district court of petition to construe will not abandoned because appellant participated in probate hearing on petition; last sentence of section is mandatory; probate court without jurisdiction after appeal. In re Estate of Freeman, 191 Kan. 503, 509, 382 P.2d 483.
6. Appeal from order of probate court appointing administrator suspends operation of order. Thompson v. Bennett, Administrator, 196 Kan. 129, 135, 136, 410 P.2d 291.
7. Cited; appeal of adoption proceedings. In re Marsolf, 200 Kan. 128, 131, 434 P.2d 1010.
8. Appeal from probate order admitting will to probate does not suspend probate order. In re Estate of Barnes, 212 Kan. 502, 511, 516, 512 P.2d 387.
9. Applied in determining order refusing to appoint executor; matter incidental to admission and does not require additional appeal; executor can be appointed, subject to provisions of section, only if validity of will upheld. In re Estate of Teichgraeber, 217 Kan. 373, 383, 537 P.2d 174.
10. Factors in addition to requirements in K.S.A. 59-3014, to be considered in appointment of guardian for minor determined. In re Guardianship of T.D.S., 13 Kan. App. 2d 275, 278, 769 P.2d 32 (1989).
11. Whether court lacked jurisdiction to enter adoption decree after father appealed order terminating parental rights examined. In re Baby Boy N., 19 Kan. App. 2d 574, 589, 874 P.2d 680 (1994).
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