Ferrill v. Stock Yard Bank & Trust Co.
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The Supreme Court reversed the opinion of the court of appeals in this case involving the concept of "waste" as it exists in Kentucky law, holding that Ky. Rev. Stat. 381.350 is applicable only in instances in which a party has pled voluntary waste.
Under Ky. Rev. Stat. 381.350, a life tenant who commits waste against the corpus of an estate shall "lose the thing wasted and pay treble the amount at which the waste is assessed." At issue was when the statute of limitations began to run in this case, a question that required resolution of the concept of "waste" as it exists in Kentucky law, which required the Supreme Court either to affirmed its longstanding distinction between voluntary and permissive waste or to collapse the two categories into simply "waste." The Supreme Court held (1) long-standing case law continues to be accurate statements of the law of waste as it exists in Kentucky, therefore, section 381.350 continues to apply only to claims of voluntary waste; and (2) the trial court correctly determined that the plaintiff in this case stated claims for voluntary waste.
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