59-1607.
Power of testator or settlor.
The testator or settlor of any trust affected by this article, may by provision in the instrument creating the trust, or by an amendment of the trust if a settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties which would otherwise be placed upon him or her by this article, or add duties to those imposed by this article on his or her trustee with regard to inventories and accountings: Provided, That the court may, upon the application of any beneficiary or some person in his or her behalf, require the performance of the duties herein otherwise required. No expression of intent by any testator or settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this article.
History:
L. 1939, ch. 180, § 126; July 1.
Notes of Decisions
Harkrader v. Johnson, 187 P.2d 520 (Kan. 1947).
· cites it 2× “It is true that section 59-1607 of the statute provides that the settlor of the trust may relieve his trustee from the performance of the duties prescribed by article 16, but there is an important proviso, which reads: “ ‘That the court may, upon the application of any…”
Johnson Cnty. Nat'l Bank & Trust Co. v. Lowe, 127 P.2d 512 (Kan. 1942).
· cites it 2× “It is true that section 59-1607 of the statute provides that the settlor of the trust may relieve his trustee from the performance of the duties prescribed by article 16, but there is an important proviso, which reads: “That the court may, upon the application of any beneficiary…”
Hemphill v. Shore, 239 P.3d 885 (Kan. Ct. App. 2010).
“See K.S.A. 59-1607 (gives a settlor of any trust the power, by provision in the instrument creating the trust, to reheve the trustee from any and all inventory and accounting duties).”
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