Schmitt v. Kentucky Trust Co. of Louisville

PALMORE, Judge.

KRS 422.130 creates a presumption of death if a resident of this state leaves it and does not return in seven years. In 1950 or shortly theretofore Norman Allen Schwartz (or Schwarz) left the state in military service. In 1952 he was listed as missing in action, and he has not been heard from since then. In June of 1966 the appellee trust company applied to the Probate Division of the Jefferson County Court for appointment as administrator of his estate. Appellant, presiding magistrate of the Probate Division, denied the application on the ground that the county court, being of…