Kansas Statutes Annotated

K.S.A. § 58-502 (2026)

Common law rules inapplicable; rule in Shelley's case and estates tail

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 2 cases, 1985–2006 · leading case: In Re the Est. of Mettee, 694 P.2d 1325 (Kan. Ct. App. 1985).

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In Re the Est. of Mettee, 694 P.2d 1325 (Kan. Ct. App. 1985). “” There is no merit to appellant’s contention that the Kansas Probate Code abrogates the common law in this state. We find no indication that the legislature intended such a result.”

In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). “In holding that the legislature has been specific when it has intended to abrogate the common law in this state, this court stated: “There is no merit to appellant’s contention that the Kansas Probate Code abrogates the common law in this state. We find no indication that the…”

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