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In re Estate of Reed

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eBook details

  • Title: In re Estate of Reed
  • Author : Supreme Court of Kansas
  • Release Date : January 26, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The opinion of the court was delivered by Pauline Winnick and Indiana University Foundation appeal from
an order of the Lyon County District Court denying probate of a
document alleged to be the will of Sarah R. Reed, deceased. This
is the third time this case has been before the court. In In re
Estate of Reed, 229 Kan. 431, 625 P.2d 447 (1981) Reed I), we
denied original probate of the document as it did not comply with
K.S.A. 59-606 or 59-609. In In re Estate of Reed, 233 Kan. 531,
664 P.2d 824, cert. denied 464 U.S. 978 (1983) (Reed II) we
denied probate of the same instrument as a "will probated
elsewhere" filed under K.S.A. 59-2229 and 59-2230, [236 Kan. 515]
holding that the statutes in effect prior to the 1982 amendments
did not authorize the admission of the document as a "foreign
will" and that the 1982 amendments to those statutes did not
operate retroactively. Thereafter, on June 17, 1983, industrious
counsel filed a third petition for probate of the instrument as a
"will probated elsewhere" under the 1982 amendments to K.S.A.
59-2229 and 59-2230. The petition was dismissed by the district
court on November 17, 1983, and this appeal followed.


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