(1) If no executor is appointed by the will, or if all the executors named in the will die,
refuse the executorship or fail to give bond the court may grant administration with
the will annexed to the person who would have been entitled to administration if
there had been no will, but no person shall be eligible to appointment as
administrator with the will annexed whose interests are antagonistic to the
provisions of the will. Failure to give bond shall amount to refusal to act as
executor.
(2) An administrator with the will annexed shall possess and exercise all power and
authority, have the same rights and interest and be responsible in like manner as the
executors named in it.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 3891, 3892.
Notes of Decisions
Cited in
7
cases, 1946–1984 · leading case:
Cosby v. Hays, 257 S.W.2d 575 (Ky. Ct. App. 1953).
Cosby v. Hays, 257 S.W.2d 575 (Ky. Ct. App. 1953).
· cites it 3× “Smith Hays, Sr:,' was ineligible for appointment' under' the provision's of KRS 395.050 because his interests are antagonistic to the provisions of the will.”
Hays v. Coy, 264 S.W.2d 258 (Ky. Ct. App. 1954).
“The first contention of the appellants is that, under KRS 395.050, the county court had discretion in the naming of an administrator with the will annexed, and was not required to give preference to those who would have been entitled to administration had there been no will.”
Baesler v. Bell's, 299 S.W.2d 605 (Ky. Ct. App. 1956).
“KRS 395.050. The right of a personal representative of an estate to pay to one’s self a well-founded and reasonable personal claim based on contract has been recognized.”
Tatman v. Cook's Adm'x, 195 S.W.2d 72 (Ky. Ct. App. 1946).
· cites it 4× “If the power was granted to the executors as such and by reason of their office, and not because of personal confidence in the persons named, then that power passes to the administratrix under the provisions of Section 395.”
Vanhoose v. Brooks, 208 S.W.2d 963 (Ky. Ct. App. 1948).
· cites it 2× “At the time the sale was made and the case above decided, the provisions of KRS 395.050(2), which provides in substance that all of the powers vested in an executor shall pass to a substituted *642 representative or administrator with the will annexed, were in full force and…”
Pitts v. Est. of Gilbert, 672 S.W.2d 70 (Ky. Ct. App. 1984).
· cites it 2× “By virtue of the will itself, and the provisions of KRS 395.050, the administrator with the will annexed has all the same rights as the executor named in the will.”
Williams v. Ratcliffe, 402 S.W.2d 432 (Ky. Ct. App. 1966).
“It is provided by KRS 395.050 that: “If no executor is appointed by the will, or if all the executors named in the *434 will die, refuse the executorship or fail to give bond the court may grant administration with the will annexed to the person who would have been entitled to…”
— Ky. Rev. Stat. § 395.050(1) — 1 case
Cosby v. Hays, 257 S.W.2d 575 (Ky. Ct. App. 1953).
“Smith Hays, Sr:,' was ineligible for appointment' under' the provision's of KRS 395.050 because his interests are antagonistic to the provisions of the will.”
— Ky. Rev. Stat. § 395.050(2) — 2 cases
Vanhoose v. Brooks, 208 S.W.2d 963 (Ky. Ct. App. 1948).
“At the time the sale was made and the case above decided, the provisions of KRS 395.050(2), which provides in substance that all of the powers vested in an executor shall pass to a substituted *642 representative or administrator with the will annexed, were in full force and…”
Pitts v. Est. of Gilbert, 672 S.W.2d 70 (Ky. Ct. App. 1984).
“By virtue of the will itself, and the provisions of KRS 395.050, the administrator with the will annexed has all the same rights as the executor named in the will.”
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.