59-1405.Order in which assets to be appropriated.The property of a decedent, except as provided in K.S.A. 59-401 and59-403, shall be liable for the payment of the decedent's debts andother lawful demands against the estate. When a will designates theproperty to be appropriated for the payment of debts or other items, itshall be applied to such purpose. Unless the will provides otherwise forthe payment thereof, or unless the court shall otherwise determine pursuantto K.S.A. 59-1410 the property of the testator,subject to the payment of debts and other items, shall be applied to thatpurpose in the following order:
(1) Personal property not disposed of by will;
(2) real estate not disposed of by will;
(3) personal property bequeathed to the residuary legatee;
(4) real estate devised to the residuary devisee;
(5) property not specifically bequeathed or devised;
(6) property specifically bequeathed or devised.
Demonstrative legacies shall be classed as specific legacies to theextent of the payment thereof from the fund or property out of whichpayment is to be made, and as general legacies upon failure orinsufficiency of the fund or property out of which payment was to be madeto the extent of such insufficiency. The property of each class shall beexhausted before resorting to that of the next class; and all of one classshall contribute ratably if all the property of that class is not requiredfor the payment of such debts or other items.
History: L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971,ch. 193, § 1; July 1.
59-1405.Order in which assets to be appropriated.The property of a decedent, except as provided in K.S.A. 59-401 and59-403, shall be liable for the payment of the decedent's debts andother lawful demands against the estate. When a will designates theproperty to be appropriated for the payment of debts or other items, itshall be applied to such purpose. Unless the will provides otherwise forthe payment thereof, or unless the court shall otherwise determine pursuantto K.S.A. 59-1410 the property of the testator,subject to the payment of debts and other items, shall be applied to thatpurpose in the following order:
(1) Personal property not disposed of by will;
(2) real estate not disposed of by will;
(3) personal property bequeathed to the residuary legatee;
(4) real estate devised to the residuary devisee;
(5) property not specifically bequeathed or devised;
(6) property specifically bequeathed or devised.
Demonstrative legacies shall be classed as specific legacies to theextent of the payment thereof from the fund or property out of whichpayment is to be made, and as general legacies upon failure orinsufficiency of the fund or property out of which payment was to be madeto the extent of such insufficiency. The property of each class shall beexhausted before resorting to that of the next class; and all of one classshall contribute ratably if all the property of that class is not requiredfor the payment of such debts or other items.
History: L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971,ch. 193, § 1; July 1.
59-1405.Order in which assets to be appropriated.The property of a decedent, except as provided in K.S.A. 59-401 and59-403, shall be liable for the payment of the decedent's debts andother lawful demands against the estate. When a will designates theproperty to be appropriated for the payment of debts or other items, itshall be applied to such purpose. Unless the will provides otherwise forthe payment thereof, or unless the court shall otherwise determine pursuantto K.S.A. 59-1410 the property of the testator,subject to the payment of debts and other items, shall be applied to thatpurpose in the following order:
(1) Personal property not disposed of by will;
(2) real estate not disposed of by will;
(3) personal property bequeathed to the residuary legatee;
(4) real estate devised to the residuary devisee;
(5) property not specifically bequeathed or devised;
(6) property specifically bequeathed or devised.
Demonstrative legacies shall be classed as specific legacies to theextent of the payment thereof from the fund or property out of whichpayment is to be made, and as general legacies upon failure orinsufficiency of the fund or property out of which payment was to be madeto the extent of such insufficiency. The property of each class shall beexhausted before resorting to that of the next class; and all of one classshall contribute ratably if all the property of that class is not requiredfor the payment of such debts or other items.
History: L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971,ch. 193, § 1; July 1.
