Kansas Statutes

Chapter 58: Personal And Real Property

Article 5: Real Or Personal Property Granted Or Devised (The Property Act Of 1939)

Statutes:

• 58-501: Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.
• 58-502: Common-law rules inapplicable (rule in Shelley's case and estates tail).
• 58-503: Same (grant or devise to person for life and then to some other).
• 58-504: Same (indefinite failure of issue; definite failure of issue).
• 58-505: Same (rule in Wild's case).
• 58-506: Same (doctrine of worthier title).

• 58-501: Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions. Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language used in such grant or devise makes it clear that a joint tenancy was intended to be created: Except, That a grant or devise to executors or trustees, as such, shall create in them a joint tenancy unless the grant or devise expressly declares otherwise. Where joint tenancy is intended as above provided it may be created by:

        (a)   Transfer to persons as joint tenants from an owner or a joint owner to himself or herself and one or more persons as joint tenants;

        (b)   from tenants in common to themselves as joint tenants; or

        (c)   by coparceners in voluntary partition to themselves as joint tenant.

        Where a deed, transfer or conveyance grants an estate in joint tenancy in the granting clause thereof and such deed, transfer, or conveyance has a hebendum clause inconsistent therewith, the granting clause shall control. When a joint tenant dies, a certified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the proper federal, state or local official authorized to issue such certificate, or an affidavit of death from some responsible person who knows the facts, shall constitute prima facie evidence of such death and in cases where real property is involved such certificate or affidavit shall be recorded in the office of the register of deeds in the county where the land is situated. The provisions of this act shall apply to all estates in joint tenancy in either real or personal property heretofore or hereafter created and nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall constitute a severance.

        History:   L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.

• 58-502: Common-law rules inapplicable (rule in Shelley's case and estates tail). The rules of the common law, known as the rule in Shelley's case, and those pertaining to estates tail, however created, shall not be applied in this state to any instrument which becomes effective after the effective date of this act. Every instrument not within the purview of K.S.A. 58-503 taking effect after the effective date of this act and disposing of property which but for this section would create an estate tail shall create a life estate in the first taker and a remainder in fee in the next taker.

        History:   L. 1939, ch. 181, § 2; July 1.

• 58-503: Same (grant or devise to person for life and then to some other). When real or personal property is granted or devised to one person for life, and then to some other person, or persons, whether named individually or as one or more of a class of which the individuals can be ascertained by the time the fee is possessed, the instrument by which such property is so transferred shall be construed as creating in the person first named an estate during the person's lifetime only, and a remainder in fee simple in the person or persons last named.

        History:   L. 1939, ch. 181, § 3; July 1.

• 58-504: Same (indefinite failure of issue; definite failure of issue). In the case of instruments disposing of property, of which the following is a type: "A to B and his or her heirs, but if B dies without issue, then to C and his or her heirs," the common law rule of interpretation that indefinite failure of issue is indicated shall not be applied. Definite failure of issue is indicated, that is, death of B without having issue living at the time of his or her death. B's death without living issue need not occur in the lifetime of the maker of the instrument. The rules here presented apply when the limitation is on death "without heirs," or, "heirs of the body," or, "issue," or, "children," or, "offspring," or, "descendants," or any such relative however described. Enactment of this statute shall not be regarded as legislative recognition that the common law indefinite failure of issue presumption has ever been a part of the law of this state.

        History:   L. 1939, ch. 181, § 4; July 1.

• 58-505: Same (rule in Wild's case). In the case of instruments disposing of property of which the following is a type: "A to B and his or her children," the doctrine of the common law known as the rule in Wild's case shall not hereafter apply, and the instrument shall create a life interest in B and a remainder in his or her children. The rule here prescribed applies when the expression is "children," or "issue," or words of similar import.

        History:   L. 1939, ch. 181, § 5; July 1.

• 58-506: Same (doctrine of worthier title). In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent.

        History:   L. 1939, ch. 181, § 6; July 1.