394.280 Nonresidents, persons not parties and infants may have retrial -- Time --
168 words·~1 min read·
/ky/394-280A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Extent of.
(1)Any person interested who, at the time of the final decision in the Circuit Court,
resided out of this state and was proceeded against by warning order only, without
actual appearance or being personally served with process, and any other person
interested who was not a party to the proceeding by actual appearance or being
personally served with process, may, within three
(3)years after the final decision in
the Circuit Court, by petition in equity, impeach the decision and have a retrial of
the question of probate; and either party shall be entitled to a jury for the trial
thereof. An infant, not a party, shall not be barred of such proceeding in equity until
twelve
(12)months after attaining full age.
(2)But no such proceeding in equity for establishing or avoiding a will shall operate
further than is necessary to the rights of such infant, nonresident, or other party, or
otherwise affect the rights of any other person interested in the probate.