Legal Opinion · Concurrence

Rakhman v. Zusstone

Kentucky Supreme Court

Decided October 30, 1997No. 96-SC-497-DGPublished

1ConcurrenceCooper, Justice

While I agree with the gift analysis set forth in the majority opinion, I believe this ease is controlled by KRS 381.170, which states as follows:

When a deed is made to one person, and the consideration is paid by another no use or trust results in favor of the latter unless the grantee takes a deed in his own name without the consent of the person paying the consideration, or unless the grantee in violation of a trust purchases the lands deeded with the effects of another person. ...

This statute has been held to preclude a wife’s heirs from claiming title to land purchased with her money but…

2Cases cited5 opinions

  1. Kitchen v. FischerCourt of Appeals of Kentucky (pre-1976) · 1943
  2. Martin v. FranklinCourt of Appeals of Kentucky · 1914
  3. Horn v. HornCourt of Appeals of Kentucky · 1978
  4. Hall v. WaltonCourt of Appeals of Kentucky (pre-1976) · 1942
  5. Mullins v. MullinsCourt of Appeals of Kentucky · 1952

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API