59-604. Devise or bequest to witness. A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses who are not beneficiaries thereunder. But if such witness would have been entitled to any share of the testator's estate in the absence of a will, then so much of such share as will not exceed the value of the devise or bequest shall pass to the witness from the part of the estate included in the void devise or bequest. Such share shall be considered as a legacy or devise within the meaning of K.S.A. 59-1405.
History: L. 1939, ch. 180, ยง 40; July 1.
Structure Kansas Statutes
59-602 Limitation on testamentary power.
59-604 Devise or bequest to witness.
59-606 Execution and attestation; self-proved wills and codicils; affidavits; form.
59-609 Will executed without state.
59-610 Revocation by marriage, birth or adoption; divorce.
59-612 Revocation of second will not revivor of first, when.
59-613 After-acquired property.
59-614 When devise passes whole.
59-615 Devise or bequest to spouse or relative who predeceases testator; "issue" defined.
59-617 Limitation on probate of written will.
59-618 Liability and effect of withholding will.
59-618a Filing of certain wills in court; affidavit; admission to probate.
59-619 Limitation on probate of oral will.
59-621 Duty of custodian; liability.
59-622 Validation of foreign wills filed prior to July 1, 1939.