Precatory words such as "wish" and "desire" may not be merely of precatory character but may be mandatory in their dispositive effect, where it is evident from the language of the will and the circumstances surrounding it that testator intended the words to be mandatory. Execution creditor had knowledge of vendees rights under unrecorded deed and his lien was inferior where grandfather had transferred his store stock and real estate to his son and grandson for consideration and creditors were notified of sale and the execution creditor continued to do business with grandson under the changed name. What is Exclusive Possession of the Marital Home. A vendee, holding land under covenant of general warranty, may not be ousted from the estate by parties claiming under vendor who received from vendor a gratuitous estate of greater value than they seek to recover from vendee, regardless of when claimants received estate. 9207, except as provided in subsection (2) of this section or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use. Ecipitation of Remainders by Renunciation of Life Tenant. Where, within prescribed time, appellant left traverse and traverse bond in hands of person in charge of office of county judge, this was sufficient filing as to traverse since paper is filed when presented at proper office and left with person in charge thereof and fees for filing, if any, paid. Deed to wife conveyed only life estate to her, with remainder to husband in fee, subject to being divested by wife leaving a surviving child, where addition to habendum clause came after covenant of general warranty.
100 which applies only to recording of contracts which are not deeds was not applicable. A purchaser of a recorded oil and gas lease for a valuable consideration and without notice of a deed of release which was not lodged of record took a perfect title even against infants. Exclusive possession: the benevolent wife and mother. The legislature by this section has said that a lien created before the property is placed on the premises will not be overcome by a distress action and will continue to exist and be in force though the property is sold at the distress sale and is in the hands of the purchaser. 9207 to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. If the declarant subdivides the unit into two (2) or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration shall reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
Eservation of Lien by Suit to Cancel Lease. The clerk of the court shall administer to the jurors, after they have been selected, the following oath: "Each of you do solemnly swear, that you will impartially, and to the best of your skill and judgment, discharge the duties required of you in the present case, by the provisions of the law concerning occupying claimants. Contract may provide for conditional sale. An option contract, being an interest in lands, when properly acknowledged is a recordable instrument, and when it is properly recorded it gives notice to subsequent purchasers from the owner. For purposes of this subsection, the term "common law rule against perpetuities" shall include KRS 381. The court shall then issue an attachment for the rent against the personal property of the person liable for the rent, to any county the person suing out the attachment may desire. Exclusive possession: the benevolent wife made. Where immediately after the description a deed contained the statement that "A lien is retained to secure payment of the unpaid purchase money" the statement was not sufficient to give the vendor a lien as against judgment creditors where the deed specifically recited as consideration "the sum of one dollar and other considerations of value, the receipt of which is hereby acknowledged. "
No report or listing, either official or otherwise, of "missing" or "missing in action, " as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency. The purchaser, without notice of a lien upon property upon which an execution had been levied but no memorandum of the levy had been filed in the county clerk's office under this section, was pro tanto a purchaser of the property, and therefore within the protection of his section although those from whom she purchased may have had notice of the levy. Sager v. Bennett (In re Bennett), 2015 Bankr. Any two (2) or more condominiums by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. Where the seller of a lot did not comply with the prerequisites of this section in establishing a lien for the unpaid sale price, the seller had no lien on the property when it was subsequently mortgaged to another by the buyer. Mortgage not acknowledged or proved to have been executed before two witnesses according to KRS 392. Hodge (In re Hodge), 2004 Bankr. The rights and responsibilities of unit owners with respect to the unit owners' association set forth in KRS 381. Purchaser of an interest in land for a valuable consideration without notice is not affected by an unrecorded deed. 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. Exclusive possession: the benevolent wife cast. 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. 287 to 292, 299, 303 to 307.
One having fee-simple title to one-half (1/2) undivided interest in tract of land, and also a life estate in the other one-half (1/2) undivided interest therein, is entitled to a partition as against contingent remaindermen having an interest in the one-half (1/2) undivided interest which he holds for life under the same instrument, there being at the time no vested remaindermen in existence. Rights of a creditor who obtains a lien on property, the record title to which is in his debtor, cannot be defeated by a subsequent decree having the effect of transferring that title as of a date antecedent to the acquisition of the lien. In this case, the parties owned a family home where they had resided with their minor daughter. French v. Who Has Exclusive Possession of My House. Childers, 280 Ky. 339, 133 S. 2d 63, 1939 Ky. 1939). 450, which must all be read together, if the judgment creditor had notice before the sale under the execution he had no preference. Expenses incurred by the county clerk under the provisions of this section shall be paid by the fiscal court of the county.
Ashland Oil & Refining Co. 1964). A contingent interest, or a vested defeasible one, in nature of executory devise, in lands can be the subject of sale and conveyance. Stephens, Historical and Practical Comments on Abstracting Land and Mineral Titles in Kentucky, 9 N. Ky. L. Rev. Ability of Tenant for Rent. Baker, 155 Ky. 344, 159 S. 943, 1913 Ky. 1913). Kentucky Real Estate Board v. Smith, 272 Ky. 313, 114 S. 2d 107, 1938 Ky. LEXIS 117 ( Ky. 1938). Rtgage on Forfeited Property. Goosby v. Johnson, 69 S. 697, 24 Ky. 610, 1902 Ky. LEXIS 486 (Ky. 1902). 3. Who Are Joint Tenants. The judgment or instrument conveying title shall provide for transfer of only the special declarant rights requested.
Of Covington v. Turner, 295 S. 3d 123, 2009 Ky. 2009). Holman v. Parsons, 162 Ky. 454, 172 S. 920, 1915 Ky. 1915). All deeds may be acknowledged before the circuit court clerk, who in such instance is the proper clerk.
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