(1) When a person dies intestate and without issue, owning real estate of inheritance which is the gift of either of his parents, the parent who made the gift, if living, shall inherit the whole of such estate.
(2) If a person under the age of eighteen (18) dies without issue, having the title to real estate derived by gift, devise or descent from one of his parents, the whole shall descend to that parent and that parent's kindred, and if there is none, then in like manner to the other parent and his kindred. The kindred of one parent shall not be so excluded by the kindred of the other parent, if the latter is more remote than the grandfather, grandmother, uncles and aunts of the intestate and their descendants. History: Amended 1968 Ky. Acts ch. 100, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1400, 1401.
Notes of Decisions
Cited in
6
cases, 1945–1985 · leading case:
Conlee v. Conlee, 190 S.W.2d 43 (Ky. Ct. App. 1945).
Conlee v. Conlee, 190 S.W.2d 43 (Ky. Ct. App. 1945).
· cites it 2× “"When he died in November 1926, an infant and without issue, the 1/16 interest *688 in the estate of testatrix that he inherited from his father descended under subsection (2) of section 391.020 of KRS “to that parent and that parent’s kindred, and if there is none, then in like…”
Chaney v. Chaney, 189 S.W.2d 268 (Ky. Ct. App. 1945).
“KRS 391.020. J. C. Chaney continued to hold the property in trust.”
White v. Hogge, 291 S.W.2d 22 (Ky. Ct. App. 1956).
· cites it 4× “Involved in the determination were Robert Fyffe’s will, two deeds executed by him prior to his death, and the statutes of descent, particularly KRS 391.020(2) and 391.050. The statutes of descent were involved because one of the children, an infant, died shortly after his…”
Commonwealth v. Hallahan, 391 S.W.2d 378 (Ky. Ct. App. 1965).
“020 (appointment and removal of, and settlement of accounts by, “guardians to minors”), KRS 391.020 (descent of real estate on death of an “infant” without issue), KRS 405.”
Francis v. Just., 687 S.W.2d 868 (Ky. Ct. App. 1985).
· cites it 10× “She argues that the trial court erred in holding that KRS 391.020, also known as the “Ancestral Property Statute,” supersedes KRS 392.”
Ragland v. Shrout, 476 S.W.2d 820 (Ky. Ct. App. 1972).
“The appellants assert that KRS 391.020 has some significance in the present controversy.”
Ky. Rev. Stat. § 391.020(1): 1 case
Francis v. Just., 687 S.W.2d 868 (Ky. Ct. App. 1985).
“She argues that the trial court erred in holding that KRS 391.020, also known as the “Ancestral Property Statute,” supersedes KRS 392.”
Ky. Rev. Stat. § 391.020(2): 2 cases
White v. Hogge, 291 S.W.2d 22 (Ky. Ct. App. 1956).
“Involved in the determination were Robert Fyffe’s will, two deeds executed by him prior to his death, and the statutes of descent, particularly KRS 391.020(2) and 391.050. The statutes of descent were involved because one of the children, an infant, died shortly after his…”
Francis v. Just., 687 S.W.2d 868 (Ky. Ct. App. 1985).
“She argues that the trial court erred in holding that KRS 391.020, also known as the “Ancestral Property Statute,” supersedes KRS 392.”
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