Ky. Rev. Stat. » Chapter 381

Ky. Rev. Stat. § 381.060

Fee simple created, when -- Possession vests in grantee

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(1) Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power to dispose of. (2) All deeds of bargain and sale, deeds to stand seized to use, deeds of release and deeds of trust, shall be held to vest the possession of the grantor in the grantee to the extent of the estate intended to be conveyed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 491, 2342.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1945–2025 · leading case: Smith v. Vest
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Smith v. Vest (2007) kyctapp · cites it 2× “This principal applies without distinction among conveyances supported by consideration reflecting a property's fair market value, those in which the consideration is nominal, or conveyances evidencing no consideration at all.”
Collings v. Collings' Ex'rs (1953) kyctapphigh · cites it 2× “Appellees argue that KRS 381.060 (1) compels us to declare the estate to be vested in fee simple in the widow.”
Scheinman v. Marx (1969) kyctapp · cites it 2× “Unquestionably, the will at bar makes an unqualified bequest of the net income from unequal parts of testator’s estate directly to three nieces and a nephew, and an unqualified bequest of the net income to other of testator’s nieces and nephews from the other unequal parts of…”
Camenisch v. City of Stanford (2003) kyctapp “KRS 381.060(1) states that “[ujnless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power to dispose…”
McKee v. Hedges (1956) kyctapphigh “We cannot agree with appellees that KRS 381.060(1) has any bearing on the question before us.”
Arnold v. Barber (1971) kyctapp “2d 468 (1965), KRS 381.060(1) provides: “Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power…”
Kentland Coal & Coke Co. v. Blankenship (1957) kyctapp · cites it 2× “Our statute KRS 381.060(1), which seems to have originated in 1796, is quoted here for ready reference, namely: "Unless a different purpose appear by express word or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed…”
Ratliff v. Higgins (1993) ky “Such items of the will, read in conjunction with one another, operate to devise to Glema Tackett a fee simple absolute interest in all of the parties’ property.”
Boyd v. Gray (1957) kywd · cites it 2× “The Brammer opinion then quotes Section 381.060, Kentucky Revised Statutes, which provides:— “Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or…”
Taylor v. Farrow (1951) kyctapphigh “However in consideration of all cases, the court will be guided by the mandate contained in KRS 381.060(1) which provides, “Unless a different purpose appears by expressed words or necessary inference, every estate in land created by deed or will, without words of inheritance,…”
Cuddy v. McIntyre (1950) kyctapp “But it is insisted that since in the sentence devising the widow’s estate, the testator granted to her the power to sell and convey any or all of the property devised which she deemed to be necessary for her support, the testator manifested an intention to devise the widow a…”
Ramsey v. Holder (1956) kyctapphigh · cites it 2× “That is the only limitation we can read into or out of this will. In cases of this kind it is always well to bear in mind the fundamental and important principle, not only recognized by the common law, but exemplified in KRS 381.”
Show all 20 citing cases →
— Ky. Rev. Stat. § 381.060(1) — 10 cases
Camenisch v. City of Stanford (2003) kyctapp “KRS 381.060(1) states that “[ujnless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power to dispose…”
Collings v. Collings' Ex'rs (1953) kyctapphigh “Appellees argue that KRS 381.060 (1) compels us to declare the estate to be vested in fee simple in the widow.”
McKee v. Hedges (1956) kyctapphigh “We cannot agree with appellees that KRS 381.060(1) has any bearing on the question before us.”
Arnold v. Barber (1971) kyctapp “2d 468 (1965), KRS 381.060(1) provides: “Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power…”
Kentland Coal & Coke Co. v. Blankenship (1957) kyctapp “Our statute KRS 381.060(1), which seems to have originated in 1796, is quoted here for ready reference, namely: "Unless a different purpose appear by express word or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed…”
— Ky. Rev. Stat. § 381.060(2) — 1 case
Smith v. Vest (2007) kyctapp “This principal applies without distinction among conveyances supported by consideration reflecting a property's fair market value, those in which the consideration is nominal, or conveyances evidencing no consideration at all.”
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