Printable Format59-621. Duty of custodian; liability. After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.
History: L. 1939, ch. 180, § 57; July 1.
Source or prior law:
Terr. L. 1859, ch. 131, § 16; Gen. L. 1862, ch. 215, § 16; 22-208, 22-209, 22-211.
Cross References to Related Sections:
Liability to beneficiaries for failure to deliver will, see 59-618.
Law Review and Bar Journal References:
1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 496 (1969).
CASE ANNOTATIONS
1. Application for probate of will held filed too late; statutes construed. In re Estate of Colyer, 157 Kan. 347, 349, 139 P.2d 411.
2. Mentioned; under probate code executor may file petition to probate will. In re Estate of Smith, 168 Kan. 210, 212, 213, 212 P.2d 322.
3. Mentioned in discussing procedure where testator deposits will in probate court under K.S.A. 59-620. In re Estate of Morgans, 188 Kan. 50, 57, 360 P.2d 1069.
4. Family settlement agreement to withhold will from probate not valid defense to probate proceeding. In re Estate of Harper, 202 Kan. 150, 158, 162, 446 P.2d 738.
5. A family settlement agreement to withhold will from probate is not a proper or valid defense to probate proceeding. In re Estate of Petty, 227 Kan. 697, 704, 608 P.2d 987.