Parnell v. Thompson

Citations

• 81 Kan. 119
• 105 P. 502
• 1909 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Foreign—Probate—Jurisdiction. The statutes conferring jurisdiction on probate courts to allow and admit to record authenticated copies of foreign wills executed and proved according to the laws of any state or territory of the United States or of any country other than the United States and the territories thereof, and giving to such copies, when so allowed and recorded, the same effect as if the original will had been proved here, were not intended to deny such courts jurisdiction to probate an original will executed in a foreign state or country.which disposes of property situated here.</p> <p>2. - Alien — Separate Wills — Probate. A resident of England executed two wills, one known as the English will, relating solely to property in England, and the other known as the American will, relating solely to property situated in Kansas. The testator died in England. The English court ad- . mitted the English will to probate. The American will was never probated there, but the original thereof was brought to Kansas and probated in the probate court of the county where real estate and personal property belonging to the deceased was situated. The will was executed and attested in accordance with the laws of Kansas, and disposed of property situated here in a form not repugnant to the laws or policy of the state. Held, that the probate court had jurisdiction to probate the original will.</p> <p>3. -- Separate and Distinct Wills — Validity. Where a testator executes two separate and distinct wills, one relating solely to property at his domicile and the other relating solely to property situated in a foreign state or country, both are valid if executed, attested and proved in accordance with the laws of the place where the property disposed of is situated.</p> <p>4. Partnership — Survival—Death of a Member — Administrator. When an application is presented to the probate court for the appointment of an administrator of a surviving p