Notice to interested persons.
(1) In actions for the settlement of estates, or for the recovery of money or property held
in joint tenancy, coparcenary, or as tenants in common, or for the recovery of money
or property which has been illegally or improperly collected, withheld or converted,
if one (1) or more of the legatees, devisees, distributees or parties in interest has
prosecuted for the benefit of others interested with him, and has been to trouble and
expense in that connection, the court shall allow him his necessary expenses, and
his attorney reasonable compensation for his services, in addition to the costs. This
allowance shall be paid out of the funds recovered before distribution. The persons
interested shall be given notice of the application for the allowance, provided,
however, that if the court before whom the action is pending should determine that
it is impracticable and too expensive to notify all of the parties individually, then by
order of said court, personal notice may be dispensed with and in lieu thereof,
notice of the application shall be given by an advertisement pursuant to KRS
Chapter 424.
(2) The compensation herein provided for shall be authorized in actions now pending as
well as actions hereafter instituted; provided, that in actions now pending final
orders and judgments have not been ordered and the fund has not come into actual
being.
History: Amended 1966 Ky. Acts ch. 239. sec. 227. -- Amended 1954 Ky. Acts ch.
204, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 489.
Notes of Decisions
Kincaid v. Johnson, True & Guarnieri, LLP, 538 S.W.3d 901 (Ky. Ct. App. 2017).
· cites it 12× “As such, JTG believed it was entitled to an award of reasonable fees under KRS 412.070. 2 The Kincaid Brothers, the Advisory Committee, and the Trustee all opposed JTG's motion, arguing that it was in breach of the hourly fee agreement between JTG and the Kincaid Brothers, and…”
Beshear v. Haydon Bridge Co., 416 S.W.3d 280 (Ky. 2013).
· cites it 7× “Finally, the trial court held that the Plaintiffs had created a common fund through this litigation and, consequently, their attorneys were entitled pursuant to KRS 412.070 to a 25% contingency fee ($8,778,-725.”
Raisor v. Burkett, 214 S.W.3d 895 (Ky. Ct. App. 2007).
· cites it 8× “As to Attorney Dodd’s claim for a fee under KRS 412.070, the Court finds that Attorney Dodd performed no service for the benefit of the Grandchildren.”
Cummings v. Covey, 229 S.W.3d 59 (Ky. Ct. App. 2007).
· cites it 5× “On June 6, 2005, Lon and Don Cummings brought a motion pursuant to KRS 412.070 seeking $10,000 in attorney fees, over and above the judgment.”
Commonwealth Revenue Cabinet v. St. Ledger, 955 S.W.2d 539 (Ky. Ct. App. 1997).
· cites it 11× “Because we believe that Respondents’ counsel have certainly raised a substantial question as to their entitlement to the fee collection process provided in KRS 412.070 and that the other factors justifying injunctive relief are clearly present, we deny the Cabinet’s motion for…”
Kentucky State Bank v. AG Servs., Inc., 663 S.W.2d 754 (Ky. Ct. App. 1984).
· cites it 3× “AG and its attorney filed a motion for an attorney’s fee pursuant to KRS 412.070. Over Kentucky State Bank’s objection, the fee *755 was allowed to be taxed as costs and paid from the proceeds of the sale before distribution to Kentucky State Bank in partial satisfaction of its…”
Barrett v. Reynolds, 817 S.W.2d 439 (Ky. 1991).
· cites it 2× “That statute provides that in actions for the recovery of money or property which has been improperly or illegally collected, if one or more of the parties has prosecuted for the benefit of others interested with him, the court shall allow his costs and necessary expenses and…”
Skinner v. Morrow, 318 S.W.2d 419 (Ky. Ct. App. 1958).
· cites it 2× “Fields is limited in his total compensation to the amount of the fees called Tor by his contingent fee contracts with the four paternal heirs, and cannot recover an additional ■amount out of the other shares in the estate.”
Webster Cnty. Soil Conservation Dist. v. Shelton, 437 S.W.2d 934 (Ky. Ct. App. 1969).
· cites it 2× “Nall but who realized a benefit from his efforts, their responsibility is fixed by a 1954 act of the legislature, now KRS 412.070, not cited by either party, which declares that: “In actions * * * for the recovery of money * * * which has been illegally or improperly collected,…”
Univ. of Ky. v. Davis, 551 S.W.3d 443 (Ky. Ct. App. 2017).
“Finally, the trial court held that the Plaintiffs had created a common fund through this litigation and, consequently, their attorneys were entitled pursuant to KRS 412.”
Howell v. Highland Cemetery Co., 181 S.W.2d 44 (Ky. Ct. App. 1944).
· cites it 2× “It would be unfair to permit one member of a class interested in the outcome of a lawsuit brought for his benefit to stand by and permit another member to bear all the costs and expense of the litigation. When a fund is recovered for the benefit of several parties in interest…”
Johnson v. Ducobu, 258 S.W.2d 509 (Ky. Ct. App. 1953).
“Authority for the allowance is claimed under KRS 412.070, which provides: “In actions for the settlement of estates, or for the recovery of money or property held in joint tenancy, copar-cenary, or as tenants in common, if one or more of the legatees, devisees, dis-tributees or…”
— Ky. Rev. Stat. § 412.070(1) — 3 cases
Cummings v. Covey, 229 S.W.3d 59 (Ky. Ct. App. 2007).
“On June 6, 2005, Lon and Don Cummings brought a motion pursuant to KRS 412.070 seeking $10,000 in attorney fees, over and above the judgment.”
Raisor v. Burkett, 214 S.W.3d 895 (Ky. Ct. App. 2007).
“As to Attorney Dodd’s claim for a fee under KRS 412.070, the Court finds that Attorney Dodd performed no service for the benefit of the Grandchildren.”
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.