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eBook details

• Title: In re Sandstrom
• Author : Supreme Court of Kansas
• Release Date : January 30, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The opinion of the court was delivered by This is an appeal by defendant-appellant, Milda R. Sandstrom, from an order granting an injunction restraining and enjoining her from the sale, disposal, mortgage, encumbrance, or other disposition, without prior court approval, of any property held in joint tenancy, or any property of the deceased, or any property jointly accumulated. The action was brought by plaintiff-appellee, Fred Mitchelson, special administrator of the estate of Thad M. Sandstrom. Under the terms of the will appellant was to receive all property and was named executor with Mitchelson named alternate executor. At the time of the order, appellant had been charged with feloniously killing Thad Sandstrom, her husband. On appeal, appellant attacks the constitutionality of K.S.A. 59-513 which provides: No person who shall be convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will by intestate succession, as a surviving joint tenant, as a beneficiary under a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest: Provided, That when any person shall kill or cause the killing of his or her spouse, and shall then take his or her own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.S.A. 58-701 to 58-705, inclusive.

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