Kentucky Revised Statutes

Ky. Rev. Stat. § 381.090 (2026)

Construction of "estate for life, remainder to heirs."

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If any estate is given by deed or will to any person for his life, and after his death to his heirs, or the heirs of his body, or his issue or descendants, such estate shall be construed to be an estate for life only in such person, and a remainder in fee simple in his heirs, or the heirs of his body, or his issue or descendants. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2345.

Notes of Decisions
Cited in 3 cases, 1960–1989 · leading case: Bartley v. Potter, 334 S.W.2d 353 (Ky. Ct. App. 1960).
Bartley v. Potter, 334 S.W.2d 353 (Ky. Ct. App. 1960). “090, which reads: “If any estate is given by deed or will to any person for his life, and after his death to his heirs, or the heirs of his body, or his issue or descendants, such estate shall be construed to be an estate for life only in such person, and a remainder in fee…”
Cheuvront v. Haley, 444 S.W.2d 734 (Ky. Ct. App. 1969). · cites it 2× “” Having so construed the will and under KRS 381.090 we hold that there was vested in W.”
East Kentucky Energy Corp. v. Niece, 774 S.W.2d 458 (Ky. Ct. App. 1989). “KRS 381.090 provides that “if any estate shall be given by deed or will to any person for his life, and after his death to his heirs, or the heirs of his body, or his issue or descendants, the same shall be construed to be an estate for life only in such person, and a remainder…”
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