Same; assignment of case or specific issue

59-2402b. Same; assignment of case or specific issue. Upon the filing of such request the chief judge may assign the case in its entirety to a district judge or only for a determination of the specific issues raised. If the chief judge assigns only for determination of specific issues, the case may be reassigned to the district magistrate judge. The determination of issues shall be as on appeal as provided in K.S.A. 59-2408 and amendments thereto. History: L. 1945, ch. 237, § 2; L. 1976, ch. 242, § 58; L. 1977, ch. 112, § 21; L. 1986, ch. 115, § 86; L. 1999, ch. 57, § 50; July 1. Law Review and Bar Journal References: Survey of law of administration of estates, Richard C. Harris, 12 K.L.R. 127, 130. "Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 102 (1979). CASE ANNOTATIONS 1. Inapplicable to petition for administration of estate; transfer not authorized. In re Estate of Duel, 161 Kan. 593, 594, 596, 171 P.2d 271. 2. District court determines controversy as though commenced there; equitable powers. Charvat v. Moore, 167 Kan. 336, 341, 205 P.2d 980. 3. Petitions for specific performance of contract to make will properly transferred to district court. In re Estate of Teeter, 184 Kan. 567, 568, 569, 337 P.2d 691. 4. Probate proceeding; what pleadings proper in probate court and district court determined. In re Estate of Shirk, 186 Kan. 311, 314, 350 P.2d 1. 5. Discussed; district court action to establish alleged personal property mortgage constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 29, 372 P.2d 252. 6. Automobile collision; claim against estate properly transferred to district court; counterclaim for wrongful death within district court's jurisdiction. In re Estate of Meyer, 191 Kan. 408, 409, 410, 411, 412, 381 P.2d 546. 7. Transfer statute is mandatory; order refusing to transfer petition is final decision and appealable under K.S.A. 59-2401, clause (21). In re Estate of Freeman, 191 Kan. 503, 507, 382 P.2d 483. 8. Tort action by nonresident against decedent's administrator; jurisdiction. Prater v. Poirier, 134 F. Supp. 499, 500, 501. 9. Mentioned; a contract between husband and wife which encourages divorce is invalid. In re Estate of Cooper, 195 Kan. 174, 175, 403 P.2d 984. 10. Determination of validity of "Private Annuity Contract"; title conveyed. Hinchliffe v. Fischer, 198 Kan. 365, 424 P.2d 581. 11. Mentioned in upholding order staying wrongful death proceeding pending action of federal court. Henry, Administrator v. Stewart, 203 Kan. 289, 291, 454 P.2d 7. 12. Alimony and child support obligations do not survive death of husband absent clear intent in separation agreement. In re Estate of Sweeney, 210 Kan. 216, 221, 499 P.2d 56. 13. Cited; action for garnishment of insurer; automobile liability policy not true asset of deceased insured's estate. Nichols v. Marshall, 491 F.2d 177, 180. 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