426.551 Issual of execution after death of plaintiff -- Who treated as plaintiff.

203 words·~1 min read·/ky/chapter-426/426-551

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The death of a party, after recovering a judgment, shall not prevent the issuing of an

execution afterward; but

(a)Upon a judgment recovered by one

(1)party, execution issued after his death

must be in favor of his representative or successor who is entitled to the

property for which the judgment was rendered.

(b)Upon a judgment recovered by several parties, execution issued after the death

of one must be in favor of the other.

(c)Upon a judgment recovered by several parties, execution issued after the death

of all of them must be in favor of the last survivor's representative or

successor who would have been entitled to the property if the judgment had

been recovered by such survivor only.

(d)The clerk shall indorse on the execution the names of the decedent and of such

survivor, representative or successor.

(e)An execution issued in favor of a survivor, representative or successor of a

decedent shall be subject to the control of the court whence it issued for the

protection of any person interested therein.

(2)Upon such execution, the person entitled thereto, according to the indorsement of

the clerk, shall be treated by the sheriff as the plaintiff therein.