Termination of custodianship. If such heir or devisee is a nonresident alien, the property of the deceased nonresident alien shall be held or disposed of within the period applicable to such alien as provided in KRS 381. Goff v. Lowe, 80 S. 219, 25 Ky. 2176 (1904).
The Exclusive Property Of The Wife
A certified copy of a document certified by the official public custodian of that document may be submitted for filing in any other filing officer's jurisdiction as though it were the original record. Farmers Nat'l Bank v. Moore, 282 Ky. 502, 139 S. 2d 420, 1940 Ky. LEXIS 213 ( Ky. 1940). A proceeding may be filed by any owner of real property or any party acquiring an interest in the real property in District Court or Circuit Court against a lienholder that violates subsection (1) or (2) of this section. Collinsworth, 288 Ky. 398, 156 S. 2d 157, 1941 Ky. 9-403. Jolly v. Gilbert, 190 Ky. 1, 226 S. 354, 1920 Ky. 1 920). In an action by purchasers to enjoin delivery of sheriff's deed and to set aside levy and sale thereunder, the burden was on the execution creditor to allege and prove that at the time he acquired his lien he had no notice of the prior unrecorded conveyance of the real estate where purchasers were in possession. Brunswick Corp. Goodie Inv. Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. Kelsay, 230 Ky. 61, 18 S. 2d 884, 1929 Ky. 1929). Mason & Moody v. Scruggs, 207 Ky. 66, 268 S. 833, 1925 Ky. See Larimore v. Perkinson, 208 Ky. 382, 271 S. 69, 1925 Ky. 1925); Kerrick v. West, 211 Ky. 807, 278 S. Exclusive possession: the benevolent wife and mother. 128, 1925 Ky. LEXIS 972 (Ky. 1925); Reynolds v. Sizemore, 233 Ky. 122, 25 S. 2d 48, 1930 Ky. LEXIS 509 ( Ky. 1930); Sears v. Cain, 242 Ky. 702, 47 S. 2d 513, 1932 Ky. LEXIS 338 ( Ky. 1932); Calloway v. Howard, 247 Ky. 730, 57 S. 2d 677, 1933 Ky. LEXIS 451 ( Ky. 1933); Huff v. Russell, 267 Ky. 515, 102 S. 2d 984, 1937 Ky. 1937). Rent may be recovered by distress, attachment or action, and shall bear six percent (6%) interest per annum from the time it is due. Grantor of land on delivery of deed parted with his possession and vested it in grantee.
This section is substantially the same as the common law, the purpose of which was to curb the acquisitions of eleemosynary corporations operating under the guise of charities. Where clerk's certificate showed deed was "acknowledged by the subscribing witnesses, " rather than by grantor, the execution was not properly proven and the clerk was not authorized to record the deed. Devise to wife "so long as she remains my widow, giving her the right to dispose of any and all property as she may see fit" and "in the event of her marriage the residue of my estate shall revert to my brother or his heirs" gave the wife a defeasible fee simple which became absolute upon her death without remarriage. Littell v. Littell, 232 Ky. 251, 22 S. 2d 612, 1929 Ky. LEXIS 434 ( Ky. 1929). 222 despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. By staying in the home, you have a stronger case for being awarded custody of your children because it is less disruptive for them to remain in the home. The exclusive property of the wife. Of Reversionary Right.
Bayesian Average: 6. Contracts exempt from KRS 381. 222 and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in KRS 385. 1925); Stone v. 1927); Reynolds v. 1937) (decision prior to the 1962 amendment.
Subject to the right of a party to have the action removed from the county court to the Circuit Court after the filing of an answer controverting the allegations of the petition, or contesting the rights therein claimed, county courts and circuit courts have concurrent jurisdiction of partition proceedings. Burchett v. Clark, 162 Ky. 586, 172 S. 1048, 1915 Ky. Exclusive property of the wife is called. LEXIS 124 ( Ky. 1915). Brady, "Expert Testimony in Kentucky", see article for analysis of court standards regarding expert testimony, 25 N. 2 (1998). All provisions of the declaration and bylaws are severable. A failure to comply with this section will defeat any lien based upon an attachment or execution, as against a subsequent purchaser without notice. This section mandatorily requires the filing of the affidavit of descent prior to or contemporaneously with the recording of the deed in question.
Exclusive Property Of The Wife Is Called
Any person who fails to comply with any of the provisions of KRS 381. The presumption is in favor of the officer's act, and the burden is upon the parties asserting fraud or mistake to establish it, not merely by a preponderance of the evidence, but by clear and convincing evidence such as to leave no doubt. Weber v. & C. Dry Goods Co., 253 Ky. 439, 69 S. 2d 731, 1934 Ky. LEXIS 674 ( Ky. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. 1934). 860 shall not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. Neither the association nor any unit owner except the declarant shall be liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. A conveyance to "Cora White and her bodily heirs" created, under this section, a fee in the first taker and not a life estate with remainder to her children. The legislature did not intend by the enactment of this section to punish or work hardship upon a child whose parent had committed a wrongful act and where husband killed his wife and himself, one half (1/2) of property held under a tenancy by entirety went to husband's heirs and one half (1/2) to wife's heirs. A devise of a contingent remainder of any kind is the subject of a sale and conveyance, but the purchaser will receive nothing unless the contingent remainderman survives until the event occurs upon which his estate vests. Mann and Fannie Mann Rsesigiue (the last two named being the only children and heirs at law of Maggie Overstreet) all being of lawful age, and being all and the only heirs at law of Jos.
Baker, 155 Ky. 344, 159 S. 943, 1913 Ky. 1913). What is Exclusive Possession of the Marital Home. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either: - By stating the reallocations or the formulas upon which they are based; or. Except in the case of a taking of all the units by eminent domain, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the declaration specifies. 211, § 1(1); 1980, ch. An exception keeps the deed from passing the thing excepted, while a reservation reserves something new out of the thing granted. Protection of burial grounds by cities.
An action before an eviction may be maintained on the covenant that the grantor is seized of good title, if the title is defective. Devise to wife of all property "for her sole use and benefit, to use the same for her and her children as she may see proper" gave a fee to wife, unrestricted by use clause. Young v. Madison's Ex'r, 252 Ky. 99, 66 S. 2d 1, 1933 Ky. LEXIS 987 ( Ky. 1933). The purpose of subsection (1) of this section requiring the clerk to certify the time the instrument was lodged in his office for record was to make certain the time when it afforded constructive notice to third parties of change of title. Grant v. Collins, 157 Ky. 36, 162 S. 539, 1914 Ky. 1914). Eckles v. Wood, 143 Ky. 451, 136 S. 907, 1911 Ky. See Allee v. Baxter, 207 Ky. 391, 269 S. 318, 1925 Ky. LEXIS 94 ( Ky. 1925); see also KRS 382. A bequest of $3, 000 to the Roman Catholic Bishop of Louisville "to be invested, and the income of which to be applied in rewards of merit to pupils in the parochial poor schools in L. " was certain and valid as the class to be benefited was plainly expressed, the intention unmistakable, the bequest could be readily carried out by the named trustee, under the supervision of the court, if necessary, and the object was a charitable one. A settlement in which a party waives or agrees to forego a claim or right under KRS 383. Deep, Remainder to Grantor's Heirs in Kentucky, 40 Ky. 218 (1952). Bona fide purchasers of property are not bound by a matter not of record, unless they have notice of such facts as would put reasonable man on notice. See State Bank & Trust Co. 1923). Of Execution of Title Bond. The vested reversionary right was an interest which descended to owner's heirs in absence of testamentary disposition.
A custodian may invest in or pay premiums on life insurance or endowment policies on: - The life of the minor only if the minor or the minor's estate is the sole beneficiary; or. Recitation of filing of traverse in bond was not sufficient. 1) (a) A future interest or trust is void if it suspends the power of alienation for longer than the permissible period. Blackburn v. Piney Oil & Gas Co., 278 Ky. 191, 128 S. 2d 192, 1939 Ky. LEXIS 377 ( Ky. 1939). Restrictions written on face of plat were recordable with it. The requirement of filing of notice of an attachment lien in no sense impairs or affects the obligation of a contract entered into prior to enactment of statute when levy of attachment is made after enactment of the statute. The owner of a unit designed for office, industrial or business use may divide his unit into two (2) or more smaller units. While the tenancy in common exists, each unit owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his or her unit. There was no dispute that appellant legally resided at the location at issue, and a showing of a tenancy-at-will that was not terminated would have constituted a defense against the burglary charge. Although a deed is not properly recorded it is a valid transfer of title and is effective as between the grantor and grantee. This section is inapplicable where there was an express parol promise by one to hold the legal title to the land in trust and for the use of another who furnished the consideration. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. Metropolitan Life Ins. A memorandum of lease shall be recorded with respect to any lease the expiration or termination of which may terminate the condominium or reduce its size.
Exclusive Possession: The Benevolent Wife And Mother
After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity, utility components, or mechanical systems or lessen the support of any portion of the condominium. The rule is well settled in Kentucky that if one, in order to defraud his creditors, conveys or has conveyed property to another in secret trust for his own use, he cannot afterwards reclaim the property if the vendee chooses to hold it. Distress for rent proceeding is not within purview of KRS 426. One who took a mortgage on land pending an action to enforce a vendor's lien thereon was a lis pendens purchaser, and therefore bound by a judgment rendered in that action enforcing the lien, even though the deed to the mortgagor did not show purchase money was unpaid. LEXIS 947 (Ky. June 16, 2017).
Arnett, 164 Ky. 426, 175 S. 660, 1915 Ky. 1915). 130, if the deed is to be recordable. 135 requires all deeds to contain a statement of the full consideration paid or a statement of the fair cash value of the property; the court would violate the spirit of the statute if the court rewarded appellants for under-reporting the consideration they believed they were due by almost $300, 000. No charity shall be defeated for want of a trustee or other person in whom the title may vest; but courts of equity may uphold the charity by appointing trustees, if there be none, or by taking control of the fund or property, and directing its management and settling who is the beneficiary thereof. A printed real estate form completed by a lay employe of a lending agency must be inspected, approved, and endorsed by legal counsel, who takes the responsibility as the drafter, or its completion and use is considered the unauthorized practice of law. In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledges the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. Law permitting testator to create a trust "for the relief or benefit of aged or impotent and poor people" meant "poor" who needed assistance and "aged" who were properly objects of charity and devise to executor to be distributed "to the poor in his discretion" was not objectionable for uncertainty of beneficiaries or purpose. The costs of improvements was not the measure of credit allowable to the occupant, but nevertheless might be considered in determining whether and to what extent the vendible value of the property had been increased. A party who purchased property covered by a mortgage indexed in the wrong names of the parties, after he had the record examined by a competent attorney who assured him vendor's title was free from encumbrance, and who purchased property relying upon such assurance, and without knowledge of encumbrance, could recover of the clerk and his surety. Bratt, Kentucky's Doctrine of Advancements: A Time for Reform, 75 Ky. 341 (1986-87). Instrument not to be recorded unless date of maturity shown — Exception.
Faulkner, 222 Ky. 584, 1 S. 2d 1079, 1927 Ky. LEXIS 956 ( Ky. 1927). Bank, NA v. Hasty, 232 S. 3d 536, 2007 Ky. LEXIS 284 (Ky. 2007). Where two couples each owned one-half undivided interest in the property as cotenants, deeds that conveyed one of the couples' interest in the property should not be rescinded because as tenants in common they could convey their interests without consulting the other cotenants, and the effect is to convey only the interest the couple could lawfully convey. Amendment of return, nine years after levy by officer who levied the attachment, by giving a more particular description of the property levied upon could not relate back and cut off rights of an intervening purchaser.
Although the deed acknowledged receipt of all of the purchase money and there was no reference to any lien retained, the vendor in the absence of his agreement to the contrary, had an equitable lien on the property for the unpaid purchase money against subsequent purchasers from grantee with actual notice and knowledge of the outstanding notes executed for the deferred purchase price and of grantor's lien.
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