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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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Further, as concerns the storage building, appellees, who testified it was their understanding they were to remove the building when they vacated the premises, had no reason to assert an ownership interest therein until the executor, Batson, claimed ownership of the building on behalf of the estate. Bat-son did not change the terms of the lease, nor did he claim an interest in the storage building, until over seven (7) months after he had been appointed executor of Margaret’s estate. Thus, even if appellees’ claims of breach of contract and conversion had been subject to the time restrictions set out in KRS 396.011(1), appellees could not possibly have filed a claim against Margaret’s estate within six (6) months of Batson’s appointment as executor. Thus, it was impossible for appellees to comply with KRS 396.011, and in the interest of fairness, they should not be held to it.