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Exceptions to be tried by jury — Damages — Cost. This section means that unless a different purpose is expressed, every limitation in a deed or will contingent upon a person dying without issue shall take effect when this person shall die, unless the issue (the object on which the contingency is made to depend) is then living, or if a child of his body be born within ten (10) months thereafter. Purchase of life estate of widow by third party, who had also purchased undivided seven-ninths (7/9) interest in remainder of estate, did not extend the security of a mortgage on third party's interest in the remainder to include the present estate. Schuster v. Caldwell, 280 Ky. 802, 134 S. 2d 624, 1939 Ky. LEXIS 205 ( Ky. 1939). A successor custodian may petition the court for an accounting by the predecessor custodian. While the beneficiary of a trust may maintain a suit to enforce it, one not having a beneficial interest may not. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. Lane v. Taylor, 287 Ky. 116, 152 S. 2d 271, 1941 Ky. LEXIS 499 ( Ky. 1941).

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Transcribed records entitled to credit of original, KRS 28. When one spouse has exclusive use and possession of the marital home, the other spouse is prevented from returning to the home. He may convey his life estate and never exercise power of sale of remainder, in which event it would die with him. Any provision of the declaration or bylaws to the contrary notwithstanding, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant. Contract, though recorded, did not give constructive notice as it was never acknowledged by the parties. In the case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his or her agent and the grantee or his or her agent, or the parent or guardian of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property. Who Has Exclusive Possession of My House. Shall not apply in cases of a felony under KRS Chapter 209 committed prior to January 1, 2012. Rights of a creditor who obtains a lien on property, the record title to which is in his debtor, cannot be defeated by a subsequent decree having the effect of transferring that title as of a date antecedent to the acquisition of the lien.

The floor plans and verified statement shall be considered as an amendment to the original master deed and floor plans for the sole purpose of dividing a unit and the corresponding percentage of interest in the common elements. 130, if the deed is to be recordable. Hall, 297 Ky. 537, 180 S. 2d 390, 1943 Ky. LEXIS 178 ( Ky. 1943). Unpublished decision: Court clerks had no private right of action to sue defendants for any alleged violation of Kentucky's recording requirements because the clerks had no actionable claim directly under KRS 382. Walker v. Walker's Adm'r, 239 Ky. 501, 39 S. 2d 970, 1931 Ky. LEXIS 808 ( Ky. 1931). Exclusive possession: the benevolent wife of god. Tax on conveying and recording real property, KRS 142. Duties of county clerk as to general indexes in certain counties containing city with population of 20, 000 or more. Time of Effectiveness. A trust created for the use and benefit of a dog was for a "humane purpose" within this section, although it did not create a charity in its strict technical sense. 9127(2), (4), and (6); - A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in KRS 381. Where a widow is under indictment resulting from her husband's death, no payments should be made as a widow's benefit under KRS 161. If entitled to recover such damages landlord must look alone to the traverser.
Carter v. Louisville, 147 Ky. 791, 145 S. 739, 1912 Ky. 1912). Miller v. Exclusive possession the benevolent wife season 2. Prater, 267 Ky. 11, 100 S. 2d 842, 1937 Ky. LEXIS 269 ( Ky. 1937). The failure of deputy clerk to sign his principal's name to certificate of acknowledgment did not render his acts invalid. In a will the term "issue" may be employed either as a word of purchase or of limitation, according to which sense will best effectuate the testator's intention; it is usually construed as a word of limitation, unless there be controlling words clearly showing that the contrary meaning was intended by its use. Notes to Unpublished Decisions.

Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit. The bequest is valid under this section. Ford v. Jones, 223 Ky. 327, 3 S. 2d 781, 1927 Ky. LEXIS 961 ( Ky. 1927). Deeds to be fraudulent against existing debts and liabilities of person paying consideration, KRS 381. Exclusive possession: the benevolent wife full. Under this section, if the meaning of the words are doubtful and obscure and it cannot clearly be determined what estate the grantor intended to convey, then it would be the duty of the court to adopt that construction favoring a fee and a deed conveying to "granddaughter and her bodily heirs" vested in her a fee-simple title under this section and KRS 381. Island Creek Coal Co., 297 F. 283, 1969 U. LEXIS 10855 (W. 1969). A board member shall discharge his or her duties as an officer or a member of the executive board, including his or her duties as a member of a committee: - In good faith; - On an informed basis; and.

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County courts and Circuit Courts have concurrent jurisdiction of partition proceedings and, from a final judgment rendered by either court an appeal, may be taken to the Court of Appeals, but a claim to dower is an assertion of a right to an interest in real estate and the Circuit Court has exclusive jurisdiction under KRS 23. The authentic way to show filing of the traverse is to let the fact appear of record. 010 (repealed) as a proper fee for recording a mortgage of real estate where the record does not exceed 12, 000 words. 330 when it was filed without a stated maturity date and the creditor's post-petition attempt to amend the mortgage to provide a stated maturity date, pursuant to KRS 382.

Organization of unit owners' association. Under this section the oral consent of the remainderman would not release the life tenant from damages for waste. Such lien may be enforced by suit by the administrator or board of administration, acting on behalf of the unit owners, in like manner as a mortgage of real property. The plaintiff in the execution or attachment may compel a sale of the property under his process by executing to the officer a bond of indemnity such as provided for in KRS Ch. A lis pendens notice filed after action was filed and summons issued was effective from time it was filed in the county clerk's office, and purchaser from owner before she was served with the summons could not forestall enforcement of the lien in the pending suit and was bound by the judgment entered.

A voluntary conveyance of debtor's real estate, made before creation of liability but not lodged for record until after creation of the liability, is void as to such liability. If two (2) or more patents have been issued for the same land, whether by this state or by the State of Virginia, no county clerk or other county or state officer shall officially certify that the records show, or that the fact is that the title is in any of the patentees, or in any person claiming under any of the patents. Fordson Coal Co. Vanover, 291 Ky. 447, 164 S. 2d 966, 1942 Ky. LEXIS 251 ( Ky. 1942). Where it was practicable under existing conditions to execute a trust establishing a chair for teaching designated religious doctrines at a college, the practicability of enforcement of the terms of the trust if the authorities of the college should change their views had not arisen and were not up for consideration of the court. Sutherland, 40 F. 2d 785, 1930 U. LEXIS 3239 (D. ), cert. Purchaser for value without notice, who has acquired legal title by conveyance duly recorded, has claim superior to that of purchaser under prior unrecorded deed.

The person locked out of the home may call the police. Subsection (5) of this section does not deal with the extent of the landlord's lien, but KRS 383. Warden v. Addington, 131 Ky. 296, 115 S. 241, 1909 Ky. 1927); Chrisman v. 1931); Ashland Grocery Co. 1937). A deed properly signed although not acknowledged or recorded was good as between the parties. Custodian's duties and powers. Where bond is not executed with a magistrate within three (3) days of the verdict there can be no appeal to the Circuit Court. The association shall be organized as a for-profit or nonprofit corporation or as an unincorporated association. Paper copy of electronic record relating to real property — Certificate — Notice — Exception for plats, maps, and surveys. 012 for each notice of tax lien so filed, and a like fee for each lien discharged.

Exclusive Possession: The Benevolent Wife Full

Nothing in this section shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth. Sundays and legal holidays are not counted, since the three (3) days referred to in the law are three (3) juridical days. The "heirs" referred to in this section are the heirs of the grantee and not those of the grantor. Construction of "estate for life, remainder to heirs. 910 include the male, female and neuter genders and include the singular or plural numbers, as the case may be. Words which at common law would create a fee simple determinable shall be construed to create a fee simple subject to a right of entry for condition broken. Where a subsequent grantee or creditor has no actual knowledge or notice of such prior deed or has no information sufficient to put the subsequent grantee on inquiry that would lead to the discovery of the prior deed upon a search, the prior and unrecorded deed would not be valid against such creditor or subsequent grantee. Although action to enforce apportionment warrants was instituted originally before the statute of limitations had run, where no lis pendens notice was given, it did have the effect of extending the statutory period beyond five years against purchasers for value without actual notice. Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by KRS 381. This section does not make landlord's lien depend upon occupancy of premises by tenant or subtenant, but gives lien for specified time for rent due or to become due. Where admitted by demurrer that representation of agent that, regardless of contract provision to contrary, statute would stop rent in case of destruction of hotel, was falsely and fraudulently made, payments under contract falling due after burning of hotel cannot be collected. Note, Ward v. Harding: Kentucky Strips Miners of Dominate Rights, Burying a Century of Litigation, 21 N. 649 (1994). An action for permissive waste, the failure to take reasonable care of the premises, will lie after the life tenant's death by the heirs and next of kin as remaindermen, although during the continuance of the life estate such heirs occupied the position of contingent remaindermen and the statute of limitations started to run at life tenant's death. Ordinary and Extraordinary Repairs.

715, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or KRS 383. Purchase of Life Estate by Remainderman. Administration of trusts and estates, KRS chs. Co., 392 S. 3d 421, 2013 Ky. LEXIS 13 (Ky. 2013). Of Execution of Title Bond. There can be no merger where it is contrary to the intention of the parties or where outstanding rights of third parties intervene. Tention of Use and Possession. 260(1), the first mortgage was dissolved.

500 et seq., did not protect the landlords from liability for the tenant's personal injuries that she allegedly sustained when a part of her ceiling collapsed, apparently as a result of water damage from a leaking roof, because the URLTA did not alter the common law rule that the landlords could be liable for defects in common areas of the premises over which the landlords retained exclusive control, including the roof and the area between the roof and the tenant's ceiling. Unless otherwise provided in a mortgage, in case of foreclosure of a mortgage, tax sale, judicial sale, or sale under Bankruptcy Code or receivership proceedings, of any units owned by a declarant or real estate in a condominium subject to development rights, a person acquiring title to all the real estate being foreclosed or sold, but only upon his or her request, succeeds to all special declarant rights related to that real estate held by that declarant. Jones, 87 Ky. 82, 7 S. 886, 9 Ky. 942, 1888 Ky. 1888). An unrecorded deed, if otherwise validly executed, delivered and accepted, is good against the grantor and his heirs; however, the deed is not valid as to a creditor or other purchaser without actual notice of the transaction. 9207 or the declaration. The Legislature intended to vest the district courts with jurisdiction to determine whether a UTMA custodian has breached the standard of care as defined by the Act, and is empowered to order any relief, including reimbursement of the accounts if the District Court determines that the custodian has breached her duties. Cemeteries maintained by legal owners.

Oral agreement by adjoining landowners, in settlement of bona fide boundary dispute, as to location of boundary line, executed by erection of joint division fence and subsequently acquiescence, is valid, and is not prohibited by statute of frauds or provisions as to formality of deeds. Collinsworth, 288 Ky. 398, 156 S. 2d 157, 1941 Ky. 9-403.

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