THEISEN v. ESTATE OF WILSON

No. 2005-SC-000769-DG.

226 S.W.3d 59 (2007)

Deborah F. THEISEN (Individually) Appellant v. ESTATE OF Clayton C. WILSON (a/k/a Cleo Wilson), et al Appellees

Supreme Court of Kentucky.

June 21, 2007.


Attorney(s) appearing for the Case

Terry R. Anderson, Nicholasville, KY, Counsel for Appellant.

D. Bruce Orwin, Somerset, KY, Counsel for Appellees.


Opinion of the Court by Justice SCHRODER.

The primary question in this case is whether revival or substitution of parties is required by an heir to proceed in a case when the plaintiff in an action litigating title to real property dies prior to final judgment. We adjudge that in this case revival (KRS 395.278) and substitution of parties (CR 25.01) was not required because the case was submitted for judgment prior to the death of the plaintiff. However, we remand...

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