Printable Format59-2225. Hearing on will in opposition. If, after a petition for the probate of a will has been filed, another instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof and thereupon the hearing on the petition theretofore filed shall be adjourned to the time fixed for the hearing of the subsequent petition. At such time proof shall be had upon all of such wills, codicils, and all matters pertaining thereto, and the court shall determine which of such instruments, if any, should be allowed as the last will.
History: L. 1939. ch. 180, ยง 201; July 1.
Law Review and Bar Journal References:
Joint and mutual wills, Tom Schwinn, 26 J.B.A.K. 378, 380 (1958).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Inconsistent will made subsequent to contractual will entitled to probate; inoperative. In re Estate of Adkins, 161 Kan. 239, 240, 248, 249, 250, 251, 167 P.2d 618.
2. Mentioned; order denying probate of alleged lost will affirmed. In re Estate of Guest, 182 Kan. 760, 763, 324 P.2d 184.
3. Act of litigant in qualifying as executor did not constitute acquiescence in order admitting will to probate so as to bar right of appeal from the order. In re Estate of Buehler, 204 Kan. 830, 835, 466 P.2d 260.
4. Whether evidence decedent did not intend to revoke lost will rebutted presumption of revocation examined. In re Estate of Kasper, 20 Kan. App. 2d 309, 314, 887 P.2d 702 (1994).