59-1304. Encumbered assets. - Kansas Statutes

59-1304

Chapter 59.--PROBATE CODE Article 13.--CLASSIFICATION AND PAYMENT OF DEMANDS

      59-1304.   Encumbered assets.When any assets of the estate are encumbered by mortgage, pledge, orotherwise, the executor or administrator may pay such encumbrance or anypart thereof, whether or not the holder of the encumbrance has exhibited hisor her demand, if it appears to be for the best interest of the estate and ifthe court shall have so ordered. No such payment shall increase the shareof the devisee, legatee, or heir entitled to receive such encumberedassets, unless otherwise provided in the will.

      History:   L. 1939, ch. 180, § 98; July 1.