Ky. Rev. Stat. » Chapter 396

Ky. Rev. Stat. § 396.010

Repealed, 1988

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Catchline at repeal: Verification of claims required -- Exception. History: Repealed 1988 Ky. Acts ch. 90, sec. 32, effective July 15, 1988. -- Amended 1970 Ky. Acts ch. 262, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3870, 3871, 3874.

Notes of Decisions
Cited in 10 cases, 1943–1987 · leading case: Barrick v. James
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Barrick v. James (1949) kyctapphigh · cites it 2× “The plea in abatement was based on the ground that prior to the filing of petition plaintiffs did not file a verified claim with the Administrator as required by KRS 396.010. This suit was against the administrator of the estate of J.”
United States v. American Casualty Co. of Reading (1964) kywd “The function of the county court was to determine whether the claim presented was valid. To do so, it had to determine whether the estate was liable for a breach of testator’s contract to devise.”
Quin v. Quin (1953) kyctapp “Exceptions to the above proceedings were duly filed by defendant and were seasonably overruled. A reversal is urged because (a) the proof of claim of $10,000, based on the notes paid by plaintiffs, was lacking in some essentials and was not verified in the manner provided by KRS…”
Clay v. Eager (1969) kyctapp “210 (2), the failure to substantiate these particular claims under these particular circumstances by any evidence other than an affidavit required by KRS 396.010(1) justifies disallowance of such claims.”
Baesler v. Bell's (1956) kyctapp “KRS 396.010. The amounts were fixed or determinable by calculation.”
Hackworth v. Trimble (1943) kyctapphigh “and demand for the payment of' his debt against the decedent Johnie Hackworth’s estate before he filed his-:suit, as required by sections 3870, 3871 and 3872, Kentucky Statutes (sections 3870 and 3871 are now KRS 396.010 and section 3872 is KRS 396.020); and (2) that .”
First National Bank of Louisville v. First National Bank (1978) kyctapp “The complaint and deposition filed in the action by the Prestonsburg bank against the Beard estate did not meet the requirements of KRS 396.010 and KRS 395.-520, so as to entitle it to share in the estate.”
Kentucky-Virginia Stone Co. v. Ball (1968) kyctapp “KRS 396.010; 34 C.J.S. Executors and Administrators § 421, p.”
Johnson v. Reeves (1977) ky · cites it 2× “Dorothy had not verified her claim pursuant to KRS 396.010(2). Dorothy was unhappy with the trial court’s ruling and prosecutes this appeal.”
Lawson v. Lawson (1987) kyctapp “KRS 396.010(2) provides that: If the claim is not an obligation signed by the decedent or a judgment, it shall also be verified by a person other than the claimant, who shall state in his affidavit that he believes the claim to be just and correct, and give the reasons why he so…”
— Ky. Rev. Stat. § 396.010(1) — 1 case
Clay v. Eager (1969) kyctapp “210 (2), the failure to substantiate these particular claims under these particular circumstances by any evidence other than an affidavit required by KRS 396.010(1) justifies disallowance of such claims.”
— Ky. Rev. Stat. § 396.010(2) — 2 cases
Johnson v. Reeves (1977) ky “Dorothy had not verified her claim pursuant to KRS 396.010(2). Dorothy was unhappy with the trial court’s ruling and prosecutes this appeal.”
Lawson v. Lawson (1987) kyctapp “KRS 396.010(2) provides that: If the claim is not an obligation signed by the decedent or a judgment, it shall also be verified by a person other than the claimant, who shall state in his affidavit that he believes the claim to be just and correct, and give the reasons why he so…”
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