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270 as a defense because the amended KRS 382. Jones v. Jones' Ex'rs, 198 Ky. 756, 250 S. 92, 1923 Ky. LEXIS 559 ( Ky. See State Bank v. Rose's Adm'r, 219 Ky. 562, 293 S. 1087, 1927 Ky. LEXIS 393 ( Ky. 1927). President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. This section was enacted to protect lis pendens purchasers by requiring notice of pendency of actions to enforce liens to be filed and recorded in much the same way that a deed must be recorded. Signment of Extraction Lease. Where owner of property prepared in his own handwriting a deed purporting to convey property to his wife and his heirs, the latter being named as grantees by the phrase "Matilda Combs and J. Combs' heirs, of the second part, " and the granting, habendum and warranty clauses conveyed the land to "the party of the second part and to his heirs and assigns forever, " the wife took only a life estate, with a remainder to the children of the grantor.

Exclusive Possession: The Benevolent Wife Episode 1

Union Bank & Trust Co. Bassett, 253 S. 2d 632, 1952 Ky. LEXIS 1124 ( Ky. 1952). 042, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. Where land was conveyed to railroad for use for use railroad purposes, heirs of grantor had merely a possibility of reverter which would vest at the time the railroad abandoned use of the property for railroad purposes. Royalty v. Winchester Bank, 264 S. 2d 657, 1954 Ky. 1954). A successor to all special declarant rights held by his or her transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (3) of this section, may declare his or her intention in a recorded instrument to hold those rights solely for transfer to another person. Charity is gift for benefit of indefinite number of persons, either by bringing their minds or hearts under influence of education or religion, by relieving bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting public buildings or works or otherwise lessening burdens of government and it is immaterial whether the purpose is called charitable in the gift itself, if it is so described as to show that it is charitable in its nature. A court may effectuate testator's intention by prescribing a different method of accomplishing it when the prescribed method fails, but cannot declare an object for testator. — Consideration Not Furnished. The respective interests of unit owners referred to in subsections (5), (6), and (7) of this section are as follows: - Except as provided in paragraph (b) of this subsection, the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one (1) or more independent appraisers selected by the association. A second mortgagee with notice, actual or constructive, does not have priority over a first mortgagee by recording his mortgage first. Gray v. Holbrooks, 247 S. 2d 213, 1952 Ky. 1952). Pierce v. Pierce, 309 Ky. 77, 216 S. 2d 408, 1948 Ky. LEXIS 1072 ( Ky. Exclusive possession: the benevolent wife full. 1948). If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser without the written consent of all unit owners owning units within that portion. Immediate heirs of grantor, after his death, would have power to release provision in deed for reversion in event property should cease to be used for hospital purposes or should be sold other than in a specified manner.

An action alleging a wrong done by the association shall be brought against the association and not against any unit owner. All deeds may be acknowledged before the circuit court clerk, who in such instance is the proper clerk. Asher & Hensley, 143 Ky. 223, 136 S. 197, 1911 Ky. 1911). The sale of land in this state means either the execution and delivery of a conveyance therefor in the manner prescribed by statute, or entering into a binding, written contract which may be enforced in the courts. Since the county clerk must be permitted to complete his timely recording of deeds and mortgages, the clerk is not required to indicate a specific page number for an instrument until the recording has been completed. Requirements for subdividing units. Tenancy by entireties may arise only by grant or devise, never by descent or other act of law. Registration Sys., 2010 Ky. LEXIS 135 (Ky. July 23, 2010). 715 is enforceable by action unless the provision declaring it specifies a different and limited effect. Shelby v. Shelby, 192 Ky. Who Has Exclusive Possession of My House. 304, 233 S. 726, 1921 Ky. LEXIS 54 ( Ky. 1921). Blankenship v. Stovall, 862 S. 2d 333, 1993 Ky. LEXIS 88 (Ky. 1993); Seigle v. Jasper, 867 S. 2d 476, 1993 Ky. LEXIS 144 (Ky. 1993). It has never been adopted by Kentucky courts to the extent of supplying a beneficiary or purpose where these objects are not expressed by the donor, but it is fully operative where a general charitable intent is manifest and the object of the charity is identified or ascertainable, although the particular method of administering the charity is inadequate, illegal, or inappropriate, or happens to fail.

If adopted, said index shall thereupon become the official general cross index of the records to which it pertains, and all persons shall be entitled to rely thereon to the same extent as if the index had been prepared by the county clerk. 9169(6) with respect to the election of the executive board of an association by all unit owners after the period of declarant control ends and even if a master association is also an association described in KRS. Burton (In re Burton), 2008 Bankr. Where plaintiff first brought forcible entry action upon which verdict of not guilty was returned and then brought forcible detainer action, lower court did not err in excluding verdict and judgment of first action in second action. The cost of such transcription shall be paid for out of the funds of the courthouse district. Via, 225 Ky. 155, 7 S. 2d 1057, 1928 Ky. LEXIS 739 ( Ky. 1928). Exclusive possession: the benevolent wife episode 1. Kaye v. Macmillan, 60 F. 2d 7, 1932 U. LEXIS 2430 (6th Cir.

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District Court Local Rule 2(203) for the 34th Judicial District is inconsistent with Kentucky Revised Statutes Chapter 383 in relation to notice requirements because it would be impossible for all defendants to meet the five-day notice rule for filing motions; therefore, the notice requirement set forth in Local Rule 2(203) has no application to forcible entry and detainer cases. 223 shall apply only to inter vivos instruments and wills taking effect after July 1, 1960, and to appointments made after July 1, 1960, including appointments by inter vivos instrument or will under powers created before July 1, 1960. Tenant who was not obligated under agreement to keep property in repair, was not obligated under this section to restore property in dilapidated condition. This section should receive a construction similar to that given the English statute which is that devises made for charitable uses will be sustained as valid trusts and the rule against perpetuities does not apply; thus, a valid charity is established where the purpose for which it is created is maintenance of a public cemetery but this section does not prevent the state from requiring a nonprofit cemetery corporation to pay unemployment compensation tax. Restrictions on use of property, KRS ch. Ability of Purchaser. Recodified 1942 Ky. 208, sec. This section is but a reenactment of a former law which, in turn, was only a statutory statement of the effect of the common-law covenant of special warranty. Negligence of Lessee. The full or fair market value of each property as estimated or established for any purpose in the handling of the estate, or a statement that no such values were estimated or established. Exclusive possession: the benevolent wife stories. The clerk shall number the notices filed under KRS 382. Devise to wife, and at her death to her niece during her life and at her death to her "bodily heirs, " gave the children of the niece a contingent remainder and not a vested remainder and, on the death of the niece, the fee vested in her children then living and her grandchildren per stirpes and not per capita.

Lease's hold-over clause applied when a landlord did not seek to recover property within 90 days of the lease's expiration because (1) the lease's unambiguous holdover terms had to be strictly enforced, (2) there was no reason to resort to statutory gap-filling provisions, and (3) the landlord's failure to seek inflated rental amounts due under those terms did not invalidate that section's purpose and effect. Commerce and trade, KRS chs. Ratliff v. Higgins, 851 S. 2d 455, 1993 Ky. LEXIS 6 ( Ky. 1993). CHAPTER 381 Title to Property and Restrictions on Use, Ownership and Alienation. A deed in the usual form purporting to convey to husband and wife a fee-simple title to the land with provision "now it being understood that the said within conveyance reverts to the wife at the death of the husband or at the death of the wife said conveyance reverts to the husband" evidently meant that at the death of either the survivor took title to the whole tract of land. Francis v. Vastine, 229 Ky. 431, 17 S. 2d 419, 1929 Ky. LEXIS 786 ( Ky. 1929).

Estill, 68 S. 1081, 24 Ky. 559, 1902 Ky. LEXIS 436 (Ky. 1902). But see Hoffmann v. Newell, 249 Ky. 270, 60 S. 2d 607, 1932 Ky. LEXIS 889 ( Ky. 1932). Blue v. Waters, 114 Ky. 659, 71 S. 889, 24 Ky. 1481, 1903 Ky. LEXIS 33 ( Ky. 1903). If, upon consideration of all parts of a deed, an intention appears to vest a less estate than a fee, that intention will be carried into effect. Any attempted release by a person other than one entitled to do so is void. Commissioners could not create passway over land where such did not already exist and where the judgment did not direct them to do so. Recording of payment of purchase money. Alleged agreement at foreclosure sale whereby defendant engaged attorney to bid in property for her was unenforceable against attorney who purchased property in his own name, where court had properly ordered that neither defendant nor anyone for her should be allowed to bid at sale. A subsequent purchaser will not be protected against an older equity unless he both pays the price and receives the conveyance of the legal title before notice of the prior claim and it is immaterial whether the sale is a private sale or an execution sale. Mercantile Realty Co. Allen Edmonds Shoe Corp., 263 Ky. 597, 92 S. 2d 837, 1936 Ky. 1936). An allegation that defendants caused an attachment and distress to be issued and wrongfully caused said attachment to be levied on tenant's household goods alleged only the issuance of attachment and levy, and where there was no allegation that distress warrant was issued plaintiff could not recover on attachment bond.

Exclusive Possession: The Benevolent Wife Full

350 and this section remaindermen have the right to maintain an action to restrain waste and for damages if depredations complained of are such as to amount to unauthorized waste to their remainder estate. 270 to subsequent purchasers or creditors because it was not properly acknowledged under Kentucky law and was consequently subject to avoidance by the trustee pursuant to 11 U. Of Creditors and Third Parties. 9207. are: - To simplify, clarify, and modernize the law governing condominiums; and. Roettger v. Riefkin, 130 Ky. 197, 113 S. 88, 1908 Ky. LEXIS 254 ( Ky. 1908). De Pauw University, 116 Ky. 671, 76 S. 851, 25 Ky. 950, 1903 Ky. 1903). As between the vendor and vendee this section does not apply and the vendor, in the absence of an agreement to the contrary, has a lien for the unpaid portion of the purchase money although it does not appear from the deed that any part thereof remains unpaid. The defendant may deny the tenancy or his liability to pay rent, as stated in the affidavit. This section was not applicable where it appeared from the will that should a class member predecease the life tenant the home farm was to be shared equally by the four eldest sons. He shall indorse on both the original and duplicate copies of the notice the date and hour of filing and shall mail the duplicate to the lien holder from whom received. Lease is admissible in evidence to show extent of possession thereunder.

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred. 225 to property interests and powers of appointment — Construction of provisions requiring vesting within period provided by common law rule against perpetuities. Double rent for time tenant occupied property after forcible detainer proceedings was commenced and reasonable attorney's fee was recoverable by landlord under this section. Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created to encourage early intervention in your divorce case so that your rights are preserved, and a fair settlement is achieved.