Printable Format59-615. Devise or bequest to spouse or relative who predeceases testator; "issue" defined. (a) If a devise or bequest is made to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption, and such spouse or relative dies before the testator, leaving issue who survive the testator, such issue shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will.
(b) As used in this section or as used in any will executed on or after July 1, 1973, unless the provisions of such will specifically provide to the contrary, the term "issue" means offspring, progeny or lineal descendants, by blood or adoption, in whatever degree.
History: L. 1939, ch. 180, § 51; L. 1968, ch. 339, § 1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1; July 1.
Source or prior law:
22-259.
Law Review and Bar Journal References:
1957-59 survey of real property and future interests law, James K. Logan, 8 K.L.R. 333, 341 (1959).
1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 481 (1969).
Comment concerning the application of subsection (b), 14 W.L.J. 361 (1975).
"Disclaimer Statutes: New Federal and State Tools for Postmortem Estate Planning," Carolyn A. Adams, 20 W.L.J. 42 (1980).
"Revocable Trusts," Alson R. Martin and Nancy Schmidt Roush, 51 J.K.B.A. 8, 14 (1982).
"Barring the Slayer's Bounty: An Analysis of Kansas' Troubled Experience," John F. Kuether, 23 W.L.J. 494, 520 (1984).
CASE ANNOTATIONS
1. Grandson of testator takes his predeceased father's bequest. In re Estate of Sowder, 185 Kan. 74, 82, 340 P.2d 907.
2. Section held inapplicable; applies only where named beneficiary dies before testator. Poertner v. Burkdoll, 201 Kan. 41, 44, 439 P.2d 393.
3. Mentioned where deceased devisee leaves no issue prior to testator's death; statute not applicable to devisee's spouse. In re Estate of Zimmerman, 207 Kan. 354, 358, 485 P.2d 215.
4. Agreement to make mutual wills upheld; sole beneficiary under will predeceased testator. In re Estate of Vreeland, 210 Kan. 187, 499 P.2d 1051.
5. Section not effective to prevent lapse of devise or legacy to beneficiary who was not a relative of testatrix and who died during her lifetime. In re Estate of Ricklefs, 211 Kan. 713, 718, 722, 508 P.2d 866.
6. Anti-lapse statute in effect at testator's death applicable in action to determine whether heirs of deceased beneficiary succeed to his interest. In re Estate of Thompson, 213 Kan. 704, 706, 708, 709, 710, 518 P.2d 393.
7. Statute not applicable under facts cited in case. In re Estate of Stroble, 6 Kan. App. 2d 956, 958, 959, 960, 961, 636 P.2d 236 (1981).
8. A joint and contractual will between husband and wife gave grandson a vested remainder in grandfather's property and vested right to grandmother's estate under contractual will. In re Estate of Duncan, 7 Kan. App. 2d 196, 200, 638 P.2d 992 (1982).
9. Contract between brothers to divide property equally on mother's death becomes unenforceable where one predeceases her. Helitzer v. Helitzer, 761 F.2d 582, 588 (1985).
10. Statute inapplicable to lineal heirs of deceased comaker of joint, mutual, and contractual will who predeceased surviving testatrix. In re Estate of Burcham, 248 Kan. 897, 910, 811 P.2d 1208 (1991).
11. Cited; anti-lapse statute does not apply to interests of beneficiaries not related to decedent. In re Estate of Anderson, 19 Kan. App. 2d 116, 124, 865 P.2d 1037 (1994).
12. Cited in discussion of factors determining whether decedent's will is contractual. Bell v. Brittain, 19 Kan. App. 2d 1073, 1078, 880 P.2d 289 (1994).
13. Slayer's minor child may inherit or take under grandparents' will; slayer's share passes as if slayer predeceased testators. In re Estate of Van Der Veen, 262 Kan. 211, 216, 935 P.2d 1042 (1997).
14. Inclusion of term "per stirpes" does not preclude bequest lapse or designate who takes under testator's residuary clause. In re Estate of Winslow, 23 Kan. App. 2d 670, 672, 673, 934 P.2d 1001 (1997).