SCHMITT v. KENTUCKY TRUST COMPANY OF LOUISVILLE


429 S.W.2d 839 (1968)

Allen SCHMITT, Judge Pro Tem, Jefferson County Court, Probate Division, Appellant, v. The KENTUCKY TRUST COMPANY OF LOUISVILLE, Kentucky, Appellee.

Court of Appeals of Kentucky.

June 28, 1968.


Attorney(s) appearing for the Case

E. P. Sawyer, Jefferson County Atty., Edith F. Stanley, Asst. County Atty., Louisville, for appellant.

Winfrey P. Blackburn, Jr., McElwain, Dinning, Clarke and Winstead, Louisville, for appellee.


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...

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