UNDERWOOD v. UNDERWOOD

No. 1998-CA-000736-MR.

999 S.W.2d 716 (1999)

Agnes D. UNDERWOOD, Appellant, v. Marilyn J. UNDERWOOD, Executrix of The Estate of John Thomas Underwood, III, Deceased, Appellees.

Court of Appeals of Kentucky.

May 21, 1999.


Attorney(s) appearing for the Case

John Frith Stewart, Laura Ellis Stoess, Stewart & Roelandt Attorneys, Crestwood, Kentucky, for Appellant.

Steven G. Bolton, Frankfort, Kentucky, for Appellee.

Before: KNOPF, KNOX, and SCHRODER Judges.


OPINION

KNOPF, Judge.

This is an appeal from a dismissal of a claim against an estate for enforcement of the provisions of a dissolution decree. The trial court dismissed the action based upon the statute of limitations, the plaintiff's failure to present the claim to the estate prior to filing the action, and improper venue. Finding that the maintenance claim was not subject to the presentation requirement...

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