Use of trust fund for the higher education of young people in three (3) counties named in will and for trustees of testator's church to be used by them to carry on and foster the manifold purposes of the church are permitted by this section. The mere establishment of a true dividing line is not a sale or transfer of land, and hence not an agreement within the statute of frauds, requiring it to be in writing and signed. Creech v. Jenkins, 276 Ky. 163, 123 S. 2d 267, 1938 Ky. LEXIS 540 ( Ky. 1938). Commonwealth ex rel. Exclusive possession: the benevolent wife made. Marginal notations on 48 leases of record that the leases had been assigned could not be construed as a formal document of assignment under this section. 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.
The county clerk shall record the declaration in the record of deeds and shall index it in the general index of deeds in the same manner as if the record owner or owners of the land were the grantor or grantors and the persons intending to preserve the possibility of reverter or right of entry were the grantees in a deed of conveyance. This section does not apply between parties to deed and grantor has lien for all unpaid purchase money as between parties to the deed whether unpaid purchase money be stated in the deed or not. JPMorgan Chase Bank, N. Kenneth R. Woods & Katherine R. Woods Living Trust (In re Woods), 422 B. Who Has Exclusive Possession of My House. A notary public making the certification provided in this section shall: - Personally print or supervise the printing of the electronic document onto paper; - Not make any changes or modifications to the electronic document other than the certification described in subsection (3) of this section; and. Where plaintiff was a bona fide purchaser for value and his deed was on record when land was purchased by mortgagee in proceedings brought by mortgagee to enforce his mortgage lien, plaintiff's title was superior to the title of mortgagee and the successor to mortgagee's title unless deed executed by mortgagor to purchaser was not a recordable instrument.
The day of rendition of the judgment on the inquest is counted as the first of the three (3) days within which the traverse must be filed. Father and mother could sell land of infant under power of sale in deed conveying the land to the infant without first obtaining consent of the infant or judgment of the court where there was nothing in the deed requiring them to obtain consent of the infant or of the court. Rights of reversion may be sold and conveyed. The court has no authority to partition land, or direct the commissioners how to make the division, but the partition should be set aside and new commissioners appointed to make proper partition where a party is entitled to such relief. 505 through KRS 383. Except as provided in the declaration, the bylaws, or subsection (2) of this section, the executive board may act in all instances on behalf of the association. 350 and this section the statute of limitations starts to run from the time voluntary waste is committed or its commission is so threatened as to give reasonable grounds it will presently be committed. After payment, the association shall not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. Louisville Realty Co. Johnson, 290 F. 176, 1923 U. LEXIS 1779 (6th Cir. Speak with a licensed attorney about your own specific situation. The rule that wills must be construed, if possible, as to avoid imputing to testator an intention to die intestate as to part of his property has no application in the construction of deeds. The exclusive property of the wife. Ditional Indebtedness. Cumberland Lumber Co. First & Farmers Bank, Inc., 838 S. 2d 403, 1992 Ky. LEXIS 90 (Ky. 1992).
"Holder" means: - A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or. If the intention of the parties is apparent from an examination of a deed from its four corners without regard to its technical and formal divisions, it will be given effect even though, in doing so, technical rules of construction will be violated. Under this section, an owner of land may maintain an action for the cutting and removing of timber thereon, and destroying the monuments of title, without being in the actual possession of the land at the time of the commission of the injury. 1920); Webb v. 1923); Cooksey v. 1925); Masters v. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. 1927); Holliday v. 1931); Thrasher v. 1933). Any grave or cemetery removed under the provisions of this section shall be relocated in a suitable place at the expense of the person or county requesting such removal and relocation. The liabilities and obligations of a person who succeeds to special declarant rights are as follows: - A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by KRS 381. Check v. Reiter, 102 S. 287, 31 Ky. 249 (1907).
See Deposit Bank v. Rose, 113 Ky. 946, 69 S. 967, 24 Ky. 732, 1902 Ky. LEXIS 121 ( Ky. 1902); Madden v. Fleming, 266 Ky. 772, 100 S. 2d 19, 1936 Ky. LEXIS 744 ( Ky. 1936). Brady, "Expert Testimony in Kentucky", see article for analysis of court standards regarding expert testimony, 25 N. 2 (1998). A deed to real property given by the United States District Director of the Internal Revenue Service (IRS), pursuant to a federal tax sale, did not "cut off" or discharge an unrecorded purchase money mortgage, where the purchaser at the tax sale had actual notice of the prior purchase money security interest. An action cannot be maintained by a vendee of land upon warranty of title until he is either evicted or his title is adjudged inferior in a suit to recover the land. When a tenant enters or holds premises by virtue of a contract in which it is stipulated that he is to labor for his landlord, and he fails to begin to labor, or if, having begun, without good cause fails to comply with his contract, his right to the premises shall at once cease, and he shall abandon them without demand or notice. Where claim was under a prior purchase this section had no application although under the facts stated in the petition the property was liable for sewer assessment. Adoption of common law rule against perpetuities. 092; or a successor or substitute custodian designated under KRS 385. As an invitee, the city owed the victim a duty to exercise reasonable care to discover the hazardous condition of the headstone and either correct it or warn the victim of the danger. Upon the filing of the aforesaid claim the circuit court shall appoint as commissioners three (3) impartial housekeepers who are owners of land. If there is any question on the legitimacy of the filing it is for a court of law to make that ruling. 425 and the Rules of Civil Procedure, on a bond of indemnity, shall operate in favor of the person to whom the rent is payable or other claimant of the property on the bond.
People's Bank v. Morgan County Nat'l Bank, 266 Ky. 308, 98 S. 2d 936, 1936 Ky. LEXIS 658 ( Ky. 1936). This subsection does not apply to any interest in property created by the exercise of the special power of appointment granted by an instrument that was irrevocable on September 25, 1985. This section requires such recital in the deed as will clearly notify creditors and subsequent purchasers that the consideration or some part thereof has not been paid, and exactly what part remains unpaid. 365(4), made mandatory by the word "shall" in accordance with KRS 446.
The retention of a lien until the grantor's death in an 1884 deed to grantor's daughter without a statement of the nature or purpose of the lien did not prevent the passing of title but merely gave grantor the right to foreclose and where daughter conveyed mineral rights in 1887 and her father died without foreclosing the lien purchaser had valid title to the mineral rights. Fectively Acknowledged Deed. Charitable beneficiaries may be described in will as class, and trustee given power to select members of class described. 824, 121 S. 633, 1909 Ky. LEXIS 253 ( Ky. 1909); Barlow v. Fuller, 157 Ky. 582, 163 S. 742, 1914 Ky. 1914); Dark Tobacco Growers' Co-op. Ability of Assignee. United States Bankruptcy Court for the Eastern District of Kentucky, Frankfort Division, is of the opinion that KRS 382.
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