Land to which the defendant has a legal or equitable title in fee, for life or for a term,
whether in possession, reversion or remainder, or in which the defendant has a contingent
interest or a contingent remainder or a defeasible fee, may be taken and sold under
execution.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1681.
Notes of Decisions
United States v. Coffman, 997 F. Supp. 2d 677 (E.D. Ky. 2014).
· cites it 2× “” KRS § 426.190. Courts have determined that, “[u]nder this statute, creditors of a debtor-spouse may attach and sell under execution a debtor’s contingent interest or expectancy of the fee in property held as tenants by the entirety.”
Meade v. Rowe's Ex'r & Tr., Etc., 182 S.W.2d 30 (Ky. Ct. App. 1944).
“’ ’ Each of the devisees has a present vested interest in the devised property which will become an indefeasible fee simple estate if he or she is living at the expiration of the trust period on May 3, 1953. The legal title to the property during the trust period is in the…”
Anderson v. Blackburn, 297 S.W.2d 919 (Ky. Ct. App. 1956).
“KRS 426.190 provides: “Land to which the defendant has a legal or equitable title in fee, for life or for a term, whether in possession, reversion .”
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