Kansas Statutes

Chapter 58: Personal And Real Property

Part 6.--MISCELLANEOUS PROVISIONS

Article 24: Trusts And Powers

Statutes:

• 58-2401: How trust concerning land created.
• 58-2402: Title of purchaser without notice of trust.
• 58-2403: Record of trust as notice.
• 58-2404:
• 58-2405:
• 58-2406: Conveyance to one person when consideration paid by another.
• 58-2407: Same; effect as to creditors.
• 58-2408: Same; cases to which 58-2406 shall not extend.
• 58-2409:
• 58-2410:
• 58-2411:
• 58-2412:
• 58-2413:
• 58-2414: Grant reserving power of revocation.
• 58-2415:
• 58-2416: Power given to married woman.
• 58-2417:
• 58-2418: Power to grantee to sell.
• 58-2419: Act does not extend to simple power of attorney to convey lands.
• 58-2420:
• 58-2421 to 58-2430: Reserved.
• 58-2431: Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration.
• 58-2432: Same; trust instruments and acceptance, recording; binding contract.
• 58-2433: Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust.
• 58-2434: Same; appointment, succession, powers, duties, terms and compensation of trustees.
• 58-2435: Same; property or interest subject to taxation.
• 58-2436: Same; payment of operation, maintenance and depreciation costs; fees and charges.
• 58-2437: Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee.
• 58-2438: Same; termination.

• 58-2401: How trust concerning land created. No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his or her attorney thereto lawfully authorized in writing.

        History:   G.S. 1868, ch. 114, § 1; Oct. 31; R.S. 1923, 67-401.

• 58-2402: Title of purchaser without notice of trust. No such trust, whether implied or created, shall defeat the title of the purchaser for a valuable consideration and without notice of the trust.

        History:   G.S. 1868, ch. 114, § 2; Oct. 31; R.S. 1923, 67-402.

• 58-2403: Record of trust as notice. The record of such trust in the proper county shall be deemed actual notice thereof to every person claiming under a conveyance made or lien created after such recording.

        History:   G.S. 1868, ch. 114, § 3; Oct. 31; R.S. 1923, 67-403.

• 58-2404:

        History:   G.S. 1868, ch. 114, § 4; R.S. 1923, 67-404; L. 1963, ch. 327, § 1; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2405:

        History:   G.S. 1868, ch. 114, § 5; R.S. 1923, 67-405; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2406: Conveyance to one person when consideration paid by another. When a conveyance for a valuable consideration is made to one person and the consideration therefor paid by another, no use or trust shall result in favor of the latter; but the title shall vest in the former, subject to the provisions of the next two sections.

        History:   G.S. 1868, ch. 114, § 6; Oct. 31; R.S. 1923, 67-406.

• 58-2407: Same; effect as to creditors. Every such conveyance shall be presumed fraudulent as against the creditors of the person paying the consideration therefor; and where a fraudulent intent is not disproved, a trust shall in all cases result in favor of prior creditors to the extent of their just demands, and also in favor of subsequent creditors if there be sufficient evidence of fraudulent intent.

        History:   G.S. 1868, ch. 114, § 7; Oct. 31; R.S. 1923, 67-407.

• 58-2408: Same; cases to which 58-2406 shall not extend. The provisions of the section next before the last shall not extend to cases where the alienee shall have taken an absolute conveyance in his or her own name without the consent of the person with whose money the consideration was paid; or where such alienee in violation of some trust shall have purchased the land with moneys not his or her own; or where it shall be made to appear that by agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some interest therein in trust for the party paying the purchase money or some part thereof.

        History:   G.S. 1868, ch. 114, § 8; Oct. 31; R.S. 1923, 67-408.

• 58-2409:

        History:   G.S. 1868, ch. 114, § 9; R.S. 1923, 67-409; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2410:

        History:   G.S. 1868, ch. 114, § 10; R.S. 1923, 67-410; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2411:

        History:   G.S. 1868, ch. 114, § 11; R.S. 1923, 67-411; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2412:

        History:   G.S. 1868, ch. 114, § 12; R.S. 1923, 67-412; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2413:

        History:   G.S. 1868, ch. 114, § 13; R.S. 1923, 67-413; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2414: Grant reserving power of revocation. A grantor of lands, reserving an absolute power of revocation, shall be deemed an absolute owner as regards creditors and purchasers.

        History:   G.S. 1868, ch. 114, § 14; Oct. 31; R.S. 1923, 67-414.

• 58-2415:

        History:   G.S. 1868, ch. 114, § 15; R.S. 1923, 67-415; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2416: Power given to married woman. A general and beneficial power may be given to a married woman to dispose of or devise, without the concurrence of her husband, lands conveyed or devised to her in fee.

        History:   G.S. 1868, ch. 114, § 16; Oct. 31; R.S. 1923, 67-416.

• 58-2417:

        History:   G.S. 1868, ch. 114, § 17; R.S. 1923, 67-417; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2418: Power to grantee to sell. Where a power to sell lands or other property shall be given to the grantee in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in any person who shall become entitled to the money so secured to be paid.

        History:   G.S. 1868, ch. 114, § 18; Oct. 31; R.S. 1923, 67-418.

• 58-2419: Act does not extend to simple power of attorney to convey lands. The provisions of this act relative to power shall not extend to a simple power of attorney to convey lands in the name and for the benefit of the owner.

        History:   G.S. 1868, ch. 114, § 19; Oct. 31; R.S. 1923, 67-419.

• 58-2420:

        History:   L. 1994, ch. 269, § 5; Repealed, L. 2002, ch. 133, § 93; Jan. 1, 2003.

• 58-2421 to 58-2430: Reserved.
• 58-2431: Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration. Express trusts may be created in real or personal property, or both, or in any estate or interest in either or both, with the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the said beneficiary and for any charitable, benevolent or educational purpose properly attributable to the purposes of the trust. Such trusts may be created by written instrument, or by will. In the case of written instruments, the same shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real estate are acknowledged, and before the same shall become effective the beneficial interest therein shall be accepted by the governor, if the state be the beneficiary, or by the governing body of any other beneficiary named therein, which power and authority of acceptance is hereby conferred upon the governor and upon the governing bodies of the counties, municipalities, political and governmental subdivisions, and governmental agencies of the state. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as shall be specified in the instrument or will creating said trust.

        History:   L. 1974, ch. 235, § 1; July 1.

• 58-2432: Same; trust instruments and acceptance, recording; binding contract. All instruments or wills creating trusts under the provisions of this act, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the office of the county clerk of each county wherein is situated any real estate, or any interest therein, belonging to said trust, as well as in the county wherein is located the trust property or wherein is conducted its principal operations. Upon the acceptance of the beneficial interest by the beneficiary as hereinabove authorized and provided, the same shall be and constitute a binding contract between the state of Kansas or counties, municipalities, political or governmental subdivisions and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes, and in accordance with the stipulations specified by the trustor or trustors.

        History:   L. 1974, ch. 235, § 2; July 1.

• 58-2433: Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust. Funds received by the beneficiary under the provisions of any trust created under the provisions of this act shall be kept and maintained in a special account or accounts and used only for the purpose of such trust and no funds of said beneficiary derived from any source whatsoever other than the trust property, or the operation thereof, shall be charged with, or expended for the execution of said trust, except by express action of the legislative authority of the beneficiary first had and no funds derived from the levy of ad valorem taxes shall be used for or pledged for the purposes or execution of such trust. The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property shall be needful for the execution of the trust purposes, hereby are authorized and empowered to lease such property for said purposes, after the acceptance of the beneficial interest therein by the beneficiary as hereinafter provided, or conditioned upon such acceptance.

        History:   L. 1974, ch. 235, § 3; July 1.

• 58-2434: Same; appointment, succession, powers, duties, terms and compensation of trustees. The instrument or will creating such trust may provide for the appointment, succession, powers, duties, terms and compensation of the trustee or trustees; and in all such respects the terms of said instrument or will shall be controlling. If the said instrument or will makes no provision in regard to any of the foregoing, then the general laws of the state shall control as to such omission or omissions.

        History:   L. 1974, ch. 235, § 4; July 1.

• 58-2435: Same; property or interest subject to taxation. Property or interests therein held under the provisions of any trust executed under the provisions of this act shall be subject to taxation in like manner as property held in private ownership.

        History:   L. 1974, ch. 235, § 5; July 1.

• 58-2436: Same; payment of operation, maintenance and depreciation costs; fees and charges. All instruments or wills creating trusts under the provisions of this act shall permit the collection of fees and charges for the purpose of providing for the establishment of reserve funds for the payment of operating, maintenance and depreciation costs and any outstanding obligations which may be incurred in the performance of the functions for which such trust has been created.

        History:   L. 1974, ch. 235, § 6; July 1.

• 58-2437: Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee. The trustee or trustees, under such an instrument or will shall be an agency of the state, county, municipality, political or governmental subdivision and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust shall have been created. No trustee or state agency, county, municipality, political or governmental subdivision, as beneficiary, shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise.

        History:   L. 1974, ch. 235, § 7; July 1.

• 58-2438: Same; termination. Any such trust may be terminated by agreement of the trustee, or if there be more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the governor of the state of Kansas if such beneficiary is an agency of the state of Kansas: Provided, That such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, and no such obligation shall ever by reason of such termination, become an obligation of the beneficiary of such trust.

        History:   L. 1974, ch. 235, § 8; July 1.