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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Batson v. Clark, 980 S.W.2d 566 (1998)

Citation
Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document
Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction
Kentucky (state)
Effective Date
1998-10-16

Other Sections in This Document (163)

Full Text

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We do not believe appellees’ claims were subject to the deadlines set out in KRS 396.011 and 396.055. Interestingly, however, *572even under Batson’s theory that appellees’ claims were, in fact, subject to those statutes, appellees’ litigation would nonetheless have been timely filed. KRS 896.011(1) encompasses only those claims “which arose before the death of the decedent.” Appellees’ claims did not arise until after Margaret’s death, when her executor refused to honor the lease agreement between Margaret and appellees. Thus, appellees had no breach of contract claim against Margaret during her lifetime regarding the lease or sublease agreement. On the contrary, Margaret fully honored the terms of the agreement for a six-year period.