Catchline at repeal: Provisions governing sales of realty of infants and persons of
unsound mind.
History: Repealed 1982 Ky. Acts ch. 277, sec. 21, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 188, sec. 284, effective July 15, 1980. -- Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 14, sec. 348, effective January 2, 1978. -- Amended 1976
Ky. Acts ch. 218, sec. 42. -- Amended 1972 Ky. Acts ch. 168, sec. 5. -- Amended
1964 Ky. Acts ch. 21, sec. 3. -- Amended 1954 Ky. Acts ch. 4, secs. 1 and 2. --
Transferred 1952 Ky. Acts ch. 84, secs. 1 and 19, effective July 1, 1953, from C.C.
sec. 489. -- C.C. sec. 489 repealed, reenacted, and amended 1944 Ky. Acts ch. 20,
sec. 1. -- C.C. sec. 489 repealed, reenacted, and amended 1942 Ky. Acts ch. 137, sec.
1.
Note. 1980 Ky. Acts ch. 396, sec. 111 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec.
146, also effective July 1, 1982.
Notes of Decisions
Pikeville Oil & Tire Co. v. Deavors, 320 S.W.2d 782 (Ky. Ct. App. 1959).
· cites it 3× “This proceeding is that defined in KRS 389.010, subsections (13) to (17). Subsection (13) provides, in pertinent part, “Without previous judicial proceeding or judgment the guardian of an infant * * * may sell privately or at public auction and convey any interest in real estate…”
Commonwealth v. Hallahan, 391 S.W.2d 378 (Ky. Ct. App. 1965).
“010 (Uniform Gift to Minors Act), KRS 389.010 (sales of realty of persons under disability), KRS 394.”
Clay v. Clay, 307 S.W.2d 777 (Ky. Ct. App. 1957).
“By permitting the guardian to mortgage the interest of the contingent re-maindermen in these three farms, the trial judge merely allowed the guardian to substitute liens due in the future for those now due and pressing for payment.”
Blackaby v. Barnes, 587 S.W.2d 852 (Ky. Ct. App. 1979).
· cites it 4× “(2) The proceedings in the case provided for in subsection (1) of this section shall be the same in all respects, as far as necessary, as those provided for in KRS 389.010 .... (3) The proceeds of sale shall be by the court reinvested in the same kind of property, to be conveyed…”
Baker v. Maryland Cas. Co., 274 S.W.2d 784 (Ky. Ct. App. 1954).
· cites it 6× “However,,- no bond was executed as required by Code § 489(8), now KRS 389.010 (15); and the father took possession of the proceeds of the sale, after the payment of the cost and allowances.”
Willett ex rel. Settle v. Triplett, 431 S.W.2d 502 (Ky. Ct. App. 1968).
“130 without compliance with KRS 389.010. The trial court gave as a basis for dismissing the complaint the plaintiff’s failure to tender refund of the $10,000.”
Tennelly v. Lancaster, 332 S.W.2d 549 (Ky. Ct. App. 1960).
· cites it 2× “KRS 389.010 provides that the chancellor may decree a sale “for any purpose deemed by the chancellor to be necessary *550 or proper or beneficial to such' person under disability.”
Vitali v. Nolloth, 268 S.W.2d 950 (Ky. Ct. App. 1954).
“Hornaday and Georgia Hornaday, under Section 489 of the Civil Code (now KRS 389.010), for a sale of the land. The committee had been appointed by the circuit court of Kenton County in 1943, pursuant to the judgment in a sanity inquest held in that court.”
Graham v. Maloney, 307 S.W.2d 916 (Ky. Ct. App. 1957).
“In 1946, this property was sold at auction in an action filed under Civil Code of Practice Sections 489 and 490, now KRS 389.010 and 389.020, respectively, authorizing the sale of an undivided interest in land owned by an infant.”
— Ky. Rev. Stat. § 389.010(13) — 2 cases
Clay v. Clay, 307 S.W.2d 777 (Ky. Ct. App. 1957).
“By permitting the guardian to mortgage the interest of the contingent re-maindermen in these three farms, the trial judge merely allowed the guardian to substitute liens due in the future for those now due and pressing for payment.”
Baker v. Maryland Cas. Co., 274 S.W.2d 784 (Ky. Ct. App. 1954).
“However,,- no bond was executed as required by Code § 489(8), now KRS 389.010 (15); and the father took possession of the proceeds of the sale, after the payment of the cost and allowances.”
— Ky. Rev. Stat. § 389.010(15) — 1 case
Baker v. Maryland Cas. Co., 274 S.W.2d 784 (Ky. Ct. App. 1954).
“However,,- no bond was executed as required by Code § 489(8), now KRS 389.010 (15); and the father took possession of the proceeds of the sale, after the payment of the cost and allowances.”
— Ky. Rev. Stat. § 389.010(17) — 1 case
Baker v. Maryland Cas. Co., 274 S.W.2d 784 (Ky. Ct. App. 1954).
“However,,- no bond was executed as required by Code § 489(8), now KRS 389.010 (15); and the father took possession of the proceeds of the sale, after the payment of the cost and allowances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.