Printable Format59-609. Will executed without state. A will executed without this state in the manner prescribed by this act, or by the law of the place of its execution, or by the law of the testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed, and shall have the same force and effect as if executed in compliance with the provisions of this act: Provided, Said will is in writing and subscribed by the testator.
History: L. 1939, ch. 180, § 45; July 1.
Source or prior law:
22-203.
Law Review and Bar Journal References:
"Wills: The Anatomy of a Statute—When Is a Valid Will not Valid?" Melinda Swanson, 21 W.L.J. 741, 743, 747, 748, 750 (1982).
"Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002).
CASE ANNOTATIONS
1. "Subscribed" means "signed at the end"; document executed in another state and not signed by maker is not entitled to original probate as a will in Kansas. In re Estate of Reed, 229 K. 431, 433, 434, 435, 437, 438, 439, 625 P.2d 447.
2. Statute construed; document held not a will (see, In re Estate of Reed, 229 K. 431, 625 P.2d 447). In re Estate of Reed, 233 K. 531, 533, 534, 535, 664 P.2d 824 (1983).