Printable Format59-1708. Nonresident fiduciary may sue and be sued. A fiduciary duly appointed in any other state or country may sue or be sued in any court in this state, in his or her capacity of fiduciary, in like manner and under like restrictions as a nonresident may sue or be sued.
History: L. 1939, ch. 180, ยง 138; July 1.
Source or prior law:
22-1308, 38-232.
Law Review and Bar Journal References:
"Long Arm and Convenient Forum," Robert C. Casad, 20 K.L.R. 1, 36 (1971).
CASE ANNOTATIONS
1. Applicable to revivor of actions as well as original service. National Bank of Topeka v. Mitchell, 154 Kan. 276, 278, 279, 118 P.2d 519.
2. Transitory action for wrongful death under federal employees liability act; doctrine of forum non conveniens invoked; no abuse of discretion. Gonzales, Administrator v. Atchison, T.&S.F. Rly. Co., 189 Kan. 689, 690, 371 P.2d 193.
3. Wrongful death action by foreign administrator for benefit of foreign administered estate unauthorized. Jones v. Goodman, 114 F. Supp. 110, 112.
4. Missouri administrator may maintain action in Kansas federal district court. McElroy v. Security National Bank of Kansas City, Kansas, 215 F. Supp. 775, 778.