Ladd v. Overcast

PLEAS JONES, Special Commissioner.

This is an appeal from a judgment of the Christian Circuit Court dismissing appellants’ complaint upon the ground that their claim was barred by limitation.

The case presents only one question to be determined by the Court: Does KRS 413.-210 apply to an action brought by creditors of a decedent against his devisees only, where there is no personal representative at the time the action is commenced?

For a determination of this question, we will briefly review the facts:

Charles E. Ladd was indebted to T. O. Turner in the sum of $12,564.18. On April 23, 1954, Ladd…