2011 Kentucky Revised Statutes CHAPTER 412 SURETYSHIP, JOINT OBLIGATIONS, AND CONTRIBUTION 412.070 Compensation of party pressing claims in common interest for others -- Notice to interested persons.
KY Rev Stat § 412.070 (1996 through Reg Sess) What's This?
412.070 Compensation of party pressing claims in common interest for others -Notice to interested persons.
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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.
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.
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