59-618.Liability and effect of withholding will.Any person who has possession of the will of a testator dying a residentof this state, or has knowledge of such will and access to it for thepurpose of probate, and knowingly withholds it from the district courthaving jurisdiction to probate it for more than six months after thedeath of the testatorshall be liable for reasonable attorney fees, costs and all damagessustained by beneficiaries under the will who do nothave possession of the will and are without knowledge of it and accessto it. Such will may beadmitted to probate as to anyinnocent beneficiary on petition for probate by any such beneficiary, if suchpetition is filed within 90 days after such beneficiary has knowledgeof such will and access to it, except that the title of any purchaser in goodfaith, without knowledgeof such will, to any property derived from the fiduciary, heirs, deviseesor legatees of the decedent, shall not be defeated by the production of thewill of such decedent and the petition for probate of the will after theexpiration of six months from the death of the decedent.
The provisions of this section as amended by this act shall applyretroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972,ch. 215, § 2; L. 1976, ch. 242, § 6;L. 1985, ch. 191, § 9; July 1.
59-618.Liability and effect of withholding will.Any person who has possession of the will of a testator dying a residentof this state, or has knowledge of such will and access to it for thepurpose of probate, and knowingly withholds it from the district courthaving jurisdiction to probate it for more than six months after thedeath of the testatorshall be liable for reasonable attorney fees, costs and all damagessustained by beneficiaries under the will who do nothave possession of the will and are without knowledge of it and accessto it. Such will may beadmitted to probate as to anyinnocent beneficiary on petition for probate by any such beneficiary, if suchpetition is filed within 90 days after such beneficiary has knowledgeof such will and access to it, except that the title of any purchaser in goodfaith, without knowledgeof such will, to any property derived from the fiduciary, heirs, deviseesor legatees of the decedent, shall not be defeated by the production of thewill of such decedent and the petition for probate of the will after theexpiration of six months from the death of the decedent.
The provisions of this section as amended by this act shall applyretroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972,ch. 215, § 2; L. 1976, ch. 242, § 6;L. 1985, ch. 191, § 9; July 1.
59-618.Liability and effect of withholding will.Any person who has possession of the will of a testator dying a residentof this state, or has knowledge of such will and access to it for thepurpose of probate, and knowingly withholds it from the district courthaving jurisdiction to probate it for more than six months after thedeath of the testatorshall be liable for reasonable attorney fees, costs and all damagessustained by beneficiaries under the will who do nothave possession of the will and are without knowledge of it and accessto it. Such will may beadmitted to probate as to anyinnocent beneficiary on petition for probate by any such beneficiary, if suchpetition is filed within 90 days after such beneficiary has knowledgeof such will and access to it, except that the title of any purchaser in goodfaith, without knowledgeof such will, to any property derived from the fiduciary, heirs, deviseesor legatees of the decedent, shall not be defeated by the production of thewill of such decedent and the petition for probate of the will after theexpiration of six months from the death of the decedent.
The provisions of this section as amended by this act shall applyretroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972,ch. 215, § 2; L. 1976, ch. 242, § 6;L. 1985, ch. 191, § 9; July 1.
