In Re the Estate of Strader

I respectfully dissent because the majority has not properly construed the statutes in question, nor have they honored clear legislative policy regarding the statutory time bar for the probate of wills. K.S.A. 59-617 establishes a statute of limitations for admitting a will to probate, and beyond that period — 6 months after death of the testator — there is only one exception for admission, and that requires a knowing withholding of the will from probate.

The key portions of the operative statute read as follows:

“Liability and effect of withholding will. Any person who has possession of the…