Doctrine of worthier title

58-506. Doctrine of worthier title. In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent. History: L. 1939, ch. 181, § 6; July 1. Law Review and Bar Journal References: 1957-59 survey of real property and future interests, James K. Logan, 8 K.L.R. 333, 340 (1959). Validity of revocable trusts, 11 K.L.R. 375, 377 (1963). CASE ANNOTATIONS 1. Common law doctrine abrogated by this section. Jones v. Petrie, 156 Kan. 241, 243, 132 P.2d 396. 2. Doctrine of "worthier title" is definitely abolished. In re Estate of Casey, 156 Kan. 590, 598, 134 P.2d 665. 3. Cited in holding Kansas probate code does not abrogate common law in state; presumption of revocation recognized. In re Estate of Mettee, 10 Kan. App. 2d 184, 186, 694 P.2d 1325 (1985). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026