59-615. Devise or bequest to spouse or relative who predeceases testator; "issue" defined. (a) If a devise or bequest is made to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption, and such spouse or relative dies before the testator, leaving issue who survive the testator, such issue shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will.
(b) As used in this section or as used in any will executed on or after July 1, 1973, unless the provisions of such will specifically provide to the contrary, the term "issue" means offspring, progeny or lineal descendants, by blood or adoption, in whatever degree.
History: L. 1939, ch. 180, § 51; L. 1968, ch. 339, § 1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1; 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.