Ky. Rev. Stat. » Chapter 389
Kentucky Revised Statutes

Ky. Rev. Stat. § 389.040 (2026)

Repealed, 1980

✓ laws through the 2026 session (checked Sept. 2026)
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Catchline at repeal: Provisions governing sales and contingent interests -- Reinvestment of proceeds. History: Repealed 1980 Ky. Acts ch. 87, sec. 10, effective July 15, 1980. -- Amended 1970 Ky. Acts ch. 92, sec. 93. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953 from C.C. sec. 491a.

Notes of Decisions
Cited in 5 cases, 1953–1982 · leading case: Call v. Call, 367 S.W.2d 274 (Ky. Ct. App. 1963).
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Call v. Call, 367 S.W.2d 274 (Ky. Ct. App. 1963). · cites it 5× “This is an appeal from a judgment of the Pike Circuit Court ordering the sale of real estate for the purpose of reinvestment of the proceeds under KRS 389.040, which reads in part as follows: “Remainder and contingent interest in real estate may be sold upon petition of any…”
Blackaby v. Barnes, 587 S.W.2d 852 (Ky. Ct. App. 1979). · cites it 7× “The sole issue before us is whether, under KRS 389.040, parties in being may sell real estate by private sale where a contingent interest in unborn children exists.”
Trimble v. Trimble, 262 S.W.2d 381 (Ky. Ct. App. 1953). “Appellants brought this suit pursuant to Section 491a of the Civil Code of Practice (Now KRS 389.040) to obtain the court’s approval of a .”
Clay v. Clay, 307 S.W.2d 777 (Ky. Ct. App. 1957). “There, the action was brought under § 491a of the Civil Code of Practice (now KRS 389.040) for the sale of a contingent interest in real estate and reinvestment of the proceeds in the same kind of property.”
Walton v. Lee, 634 S.W.2d 159 (Ky. 1982). “First, the course charted by the proposed vendor in this case was erroneous from its inception in that it was an attempt to sell the subject property at public auction as opposed to a judicial sale pursuant to the terms and provisions of KRS 389.040. 1 At the outset, it is…”
Ky. Rev. Stat. § 389.040(1): 1 case
Blackaby v. Barnes, 587 S.W.2d 852 (Ky. Ct. App. 1979). “The sole issue before us is whether, under KRS 389.040, parties in being may sell real estate by private sale where a contingent interest in unborn children exists.”
Ky. Rev. Stat. § 389.040(2): 1 case
Blackaby v. Barnes, 587 S.W.2d 852 (Ky. Ct. App. 1979). “The sole issue before us is whether, under KRS 389.040, parties in being may sell real estate by private sale where a contingent interest in unborn children exists.”
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