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59-1607. Power of testator or settlor. The testator or settlor of any trust affected by this article, may by provision in the instrument creating the trust, or by an amendment of the trust if a settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties which would otherwise be placed upon him or her by this article, or add duties to those imposed by this article on his or her trustee with regard to inventories and accountings: Provided, That the court may, upon the application of any beneficiary or some person in his or her behalf, require the performance of the duties herein otherwise required. No expression of intent by any testator or settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this article.

History: L. 1939, ch. 180, ยง 126; July 1.

Law Review and Bar Journal References:

"Unwise Transfers in Estate Planning," James K. Logan, 33 J.B.A.K. 9, 66 (1964).

"Qualifying Testamentary Gifts of Charitable Remainders for the Estate Tax Deduction," John F. Kuether, 50 J.K.B.A. 252, 264 (1981).


1. Discussed; foreign corporation cannot serve as testamentary trustee of Kansas testator's estate. In re Estate of Lowe, 155 K. 679, 687, 127 P.2d 512.

2. Court has jurisdiction and supervision of trust even if will provides otherwise. In re Estate of Porter, 164 K. 92, 98, 187 P.2d 520.

3. Mentioned; estate closed; qualification, bond and accounting by testamentary trustee ordered. In re Estate of Schachter, 175 K. 791, 793, 267 P.2d 480.

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