Kansas Statutes Annotated

K.S.A. § 59-301 (2026)

Repealed

✓ current as of May 2026

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59-301.

History: L. 1939, ch. 180, § 17; L. 1965, ch. 346, § 8; L. 1976, ch. 243, § 42; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1942–2023 · leading case: In Re Petition of City of Moran, 713 P.2d 451 (Kan. 1986).

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In Re Petition of City of Moran, 713 P.2d 451 (Kan. 1986). “With the repeal of K.S.A. 59-301 (Corrick) in 1976, there is no longer any statutory authority for such a proceeding.”

Starke v. Starke, 125 P.2d 738 (Kan. 1942). · cites it 2× “) The new code specifically provided in paragraph (12), section 59-301, that probate courts “shall have and exercise such equitable powers as may be necessary and proper fully to hear and determine any matter properly before such courts.”

In Re Est. of Graves, 457 P.2d 71 (Kan. 1969). “In this case the trial court has equity powers to require compliance with the terms of the will in accordance with the intention of the testatrix, and the court is obligated to enforce compliance with 59-1405, supra, where the property of the decedent is liable for her debts and…”

Babb v. Stewart, 190 P.2d 872 (Kan. 1948). · cites it 2× “) Section 59-301, in which are set forth the instances wherein probate courts shall have original jurisdiction, provides in paragraph (12): “And they shall have and exercise such equitable powers as may be necessary and proper fully to hear and determine any matter properly…”

Felton v. Rubow, 179 P.2d 935 (Kan. 1947). · cites it 2× “By section 59-301, “The probate courts shall be courts of record, and, within their respective counties, shall have original jurisdiction: .”

Adams v. Adams, 602 P.2d 115 (Kan. Ct. App. 1979). · cites it 2× “Prior to unification, the general powers of the probate court were set forth in K.S.A. 59-301 (Corrick, 1964). Among other *4 things, they were courts of record and could exercise “such equitable powers as may be necessary and proper fully to hear and determine any matter…”

Boldridge v. Est. of Keimig, 564 P.2d 497 (Kan. 1977). “K.S.A. 59-301 [Corrick] (see L. 1976, ch.”

In re Est. of Raney, 525 P.3d 1 (Kan. Ct. App. 2023). “Before unification, probate courts' authority to consider and hear cases was limited to the instances identified in K.S.A. 59-301 (Corrick 1964), repealed effective January 10, 1977.”

— K.S.A. § 59-301(12) — 1 case

Adams v. Adams, 602 P.2d 115 (Kan. Ct. App. 1979). “Prior to unification, the general powers of the probate court were set forth in K.S.A. 59-301 (Corrick, 1964). Among other *4 things, they were courts of record and could exercise “such equitable powers as may be necessary and proper fully to hear and determine any matter…”

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