Estate of John C. Benton, Jr. by Mary M. Marcum as v. Tim Thomas Currin

RENDERED: JANUARY 21, 2021 TO BE PUBLISHED Supreme Court of Kentucky 2019-SC-0279-DG ESTATE OF JOHN C. BENTON, JR. BY APPELLANT MARY M. MARCUM, AS EXECUTRIX ON REVIEW FROM COURT OF APPEALS V. NO. 2018-CA-0075-MR BOONE CIRCUIT COURT NO. 12-CI-02278 TIM THOMAS CURRIN AND APPELLEES JAN MARIA CURRIN OPINION OF THE COURT BY JUSTICE VANMETER REVERSING AND REMANDING Under KRS1 395.278 and CR2 25.01, when a party dies during the pendency of an action, the personal representative of the decedent must be substituted as a party within one year for the action to be revived. The issue we must decide in…