Graham v. Graham's Administratrix

BIRD, Judge.

In this appeal we are called upon to resolve two questions: (1) Does an unrecorded chattel-mortgage lien have preference and priority over the preferred claim provided under KRS 396.090 for burial expenses in the settlement of an estate? (2) Does such unrecorded chattel-mortgage lien have preference and' priority over the widow’s exemption under KRS 391.030?

Both questions must be answered in the affirmative.

The first question is answered quite clearly in Milward v. Shields, 19 Ky.Law Rep. 1076, 43 S.W. 184, 39 L.R.A. 506 and later in International Harvester Co. v. Dyer’s Adm’r,…