Printable Format59-2602. Effective date. The rules of procedure herein prescribed shall govern all probate proceedings brought after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they take effect would not be feasible or would work injustice, in which event the former procedure applies. This act shall take effect and be in force on and after July 1, 1939, and after its publication in the statute book.
History: L. 1939, ch. 180, ยง 281; July 1.
CASE ANNOTATIONS
1. Section not applicable to statutes of nonclaim or limitation. Siefkin v. Siefkin, 150 Kan. 396, 398, 399, 92 P.2d 1005.
2. Applicability of Article 16 and K.S.A. 59-1701 considered. First Nat'l Bank v. Gray, 151 Kan. 558, 562, 563, 99 P.2d 771.
3. Action begun under K.S.A. 22-223 not abated by enactment of code. Mirise v. Rathbun, 152 Kan. 441, 443, 194 P.2d 420.
4. Appointment of administrator de bonis non under old code provisions upheld. Barrett v. McMannis, 153 Kan. 420, 424, 110 P.2d 774.
5. New code procedure applies to administration commenced after June 30, 1939. Erwin v. Erwin, 153 Kan. 703, 707, 113 P.2d 349.
6. Under facts sale of real estate to pay debts governed by new code. Schul v. Clapp, 154 Kan. 372, 375, 118 P.2d 570.
7. Under facts code provisions inapplicable to election to take under will. Cox v. McBroom, 155 Kan. 2, 6, 122 P.2d 185.
8. Administration presumed carried on under new code unless contrary shown. Swisher v. Bouse, 155 Kan. 797, 801, 130 P.2d 565.
9. Code applies to proceeding to sell real estate commenced after code effective. Hicks v. King, 157 Kan. 263, 266, 139 P.2d 390.
10. Procedure in proceedings commenced after code effective governed by code. In re Estate of Reed, 157 Kan. 602, 609, 610, 611, 142 P.2d 824.
11. Code inapplicable where election to take under will completed under former law. In re Estate of Anderson, 159 Kan. 512, 518, 519, 156 P.2d 860.
12. Section applies to action pending on effective date of section. Eaton v. Doe, 172 Kan. 643, 656, 243 P.2d 236.
13. Section's provisions applied to administration of estate begun before code became effective. In re Estate of Jones, 174 Kan. 506, 512, 257 P.2d 116.
14. Applied; K.S.A. 59-509 inapplicable where intestate died prior to enactment of code. Miami County Nat. Bank of Paola, Kan. v. Bancroft, 121 F.2d 921, 924, 925.
15. Royalty and mineral interests distinguished; intent of will provisions versus rule against perpetuities determined. Drach v. Ely, Department of Human Resources, 10 Kan. App. 2d 149, 150, 694 P.2d 1310 (1985).