Printable Format59-1702. Same; oath required, exceptions. Except as otherwise provided, every fiduciary, before entering upon the duties of the fiduciary's trust, shall take and subscribe to an oath that the fiduciary will faithfully, impartially and to the best of the fiduciary's ability discharge all the duties of the fiduciary's trust according to law and that the fiduciary is acting on the fiduciary's own behalf and not on behalf of any bank or corporation which is not authorized to act as a fiduciary in this state. An oath shall not be required for any fiduciary of a trust where qualification of the fiduciary with the court has been excused, waived or is otherwise not required. The oath on behalf of a corporate fiduciary shall be taken and subscribed by a duly authorized officer thereof.
History: L. 1939, ch. 180, § 132; L. 1981, ch. 226, § 2; L. 1988, ch. 200, § 1; July 1.
Source or prior law:
22-303, 22-309, 22-313, 38-207, 39-206, 39-218, 62-2004.
Law Review and Bar Journal References:
Jurisdiction over administration of intangibles, 6 K.L.R. 439, 445 (1958).
CASE ANNOTATIONS
1. Guardian acting on advice of counsel; no excuse for mismanagement; liability. McAdam v. Fireman's Fund Insurance Co., 203 K. 123, 128, 452 P.2d 851.
2. Cited; whether penalty of doubling judgment applies only to court-appointed fiduciaries examined. Bolton v. Souter, 19 K.A.2d 384, 389, 872 P.2d 758 (1994).