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59-506. Surviving children or issue. If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.

History: L. 1939, ch. 180, § 28; July 1.

Source or prior law:

22-118, 22-127, 22-128.

Law Review and Bar Journal References:

Cited in discussing wrongful death act, Robert C. Casad, 13 K.L.R. 515, 517 (1965).

Illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 496 (1966).

"Mr. Dacey and His Book," James K. Logan, 36 J.B.A.K. 181, 225 (1967).

Substantially the same results would be achieved under this and following sections as under the proposed Uniform Probate Code, Camilla Klein Haviland, 19 K.L.R. 575, 577 (1971).

"Dispensing with Administration in Small Estates: A Marketable Title Problem," William R. Scott, 42 J.B.A.K. 337, 338 (1973).

Survey of decedents' estates, Frank Diehl, 15 W.L.J. 358, 361 (1976).

CASE ANNOTATIONS

1. Antenuptial contract held not waiver of widow's statutory allowance; statutes construed. In re Estate of Place, 166 K. 528, 532, 203 P.2d 132.

2. Decedent's property; administrator has only right of possession during administration. Peterson v. Peterson, 173 K. 636, 639, 251 P.2d 221.

3. Administrator settled wrongful death claim without suit; general release; proceeds distributable under 60-3203. Holmes, Administrator v. Price, 186 K. 623, 624, 352 P.2d 5.

4. Mentioned; wife held to be heir, sharing under terms of will; dissent as to wife's share. Jackson v. Lee, 193 K. 40, 43, 392 P.2d 92.

5. Insured's son and sole heir was in "proper temporary custody" within automobile liability coverage. Government Employees Insurance Company v. Wineteer, 409 F.2d 1333, 1335.

6. Right of illegitimate child whose paternity was determined during lifetime of father to inherit from paternal grandparent is to be determined as of date of grandparent's death and under law in effect at that time. In re Estate of McKay, 208 K. 282, 284, 285, 288, 491 P.2d 932.

7. Mentioned in dissent of case holding devise or legacy lapses where beneficiary who was not a relative of testatrix died during her lifetime. In re Estate of Ricklefs, 211 K. 713, 723, 508 P.2d 866.

8. In a simultaneous death, estate of wife not entitled to a one-half interest in estate of husband; property of each disposed of as if each had survived the other. Estate of Nancy Schweizer v. Estate of Roland Schweizer, 7 K.A.2d 128, 129, 638 P.2d 378 (1982).

9. Mother not heir at law where children survived deceased; not proper party for wrongful death under 42 U.S.C. §1983. Carter v. City of Emporia, Kan., 543 F.Supp. 354, 357 (1982).

10. Determination of heirship without proof and finding of death of missing heir violated law of intestate succession. In re Estate of Newland, 240 K. 249, 259, 730 P.2d 351 (1986).

11. Whether adopted children have right to inherit from intestate biological parents estate examined. In re Estate of Hinderliter, 20 K.A.2d 29, 30, 882 P.2d 1001 (1994).


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