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59-2402d. Transfer of trust estates from district magistrate judge. When a trust estate is created by a will admitted to probate by order of any district magistrate judge of this state, any beneficiary or the trustee of such trust estate may at any time file a petition requesting the transfer of such trust estate to the chief judge for assignment to a district judge. Notice shall be given as ordered by the court, if notice is found by the court to be necessary. Upon the filing of such request, the district magistrate judge shall transfer the file in the estate, or so much thereof as may be necessary for a proper administration of the trust estate, to the chief judge.

Appeals from judgments and orders of a district judge made pursuant to this act may be taken as appeals in other civil cases.

History: L. 1961, ch. 273, § 1; L. 1976, ch. 242, § 59; L. 1977, ch. 112, § 22; L. 1986, ch. 115, § 87; L. 1999, ch. 57, § 51; July 1.

CASE ANNOTATIONS

1. Will found to violate the common-law rule against perpetuities and the allied rules against limitation upon alienation and unlawful accumulation; invalid provision stricken and will upheld. In re Estate of Foster, 190 K. 498, 376 P.2d 784.

2. District court's supervisory jurisdiction mentioned but not decided. In re Bowlus, 197 K. 351, 355, 416 P.2d 711.


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