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Terms Used In Kansas Statutes 59-2246

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes an administrator where the subject matter applies to an administrator. See Kansas Statutes 77-201
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Property: includes personal and real property. See Kansas Statutes 77-201

A petition for partial distribution may be heard without notice, or the court may require notice to be given. When such notice is required or given, a decree of partial distribution shall be final as to the persons entitled to such distribution and as to their respective proportions of the whole estate, unless such decree includes only specific legacies. Where any person entitled to receive a distributive share of any partial distribution of an estate hereunder is the defendant in a garnishment action or proceeding wherein the executor or administrator of the estate is the garnishee, such person’s distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to such person until further order of the court from which the order of garnishment was issued.