Kentucky Revised Statutes
Ky. Rev. Stat. § 391.090 (2026)
Repealed, 1986
✓ current as of May 2026
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Catchline at repeal: Bastards -- Inheritance from and by -- Effect of marriage of parents. History: Repealed 1986 Ky. Acts ch. 331, sec. 63, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1397, 1398.
Notes of Decisions
Cited in 21
cases, 1950–2007 · leading case: Ellis v. Ellis, 752 S.W.2d 781 (Ky. 1988).
Ellis v. Ellis, 752 S.W.2d 781 (Ky. 1988). “2d 538 (1977), holding KRS 391.090 unconstitutional, and our decision in Fykes v.”
Pendleton v. Pendleton, 560 S.W.2d 538 (Ky. 1978). “We need not stultify ourselves by indulging in a “complete constitutional analysis” designed to support this distinction on the basis of objectives we know full well were neither intended nor imagined by the originators of the legislation.”
Labine v. Vincent, 401 U.S. 532 (1971). “Laws § 577-14 (1968); Ky. Rev. Stat. § 391.090 (1962); Pa. Stat.”
Fykes v. Clark, 635 S.W.2d 316 (Ky. 1982). “Legislation making a distinction between legitimate and illegitimate children viv-a-vis their right to inherit through their father has been under heavy fire in recent years.”
Rudolph v. Rudolph, 556 S.W.2d 152 (Ky. Ct. App. 1977). “The Attorney General acknowledged receipt of notice and stated that he did not wish to be heard in the action “at this time.” The trial court granted Nannie Mae Rudolph’s motion for summary judgment.”
Pendleton v. Centre Coll. of Kentucky, 818 S.W.2d 616 (Ky. Ct. App. 1990). “at 1459 , striking down an Illinois statute, similar to KRS 391.090, as violative of the Equal Protection Clause.”
Tarter v. Medley, 356 S.W.2d 255 (Ky. Ct. App. 1962). “010) inherits only from his or her mother or mother’s kindred, KRS 391.090(2), subject to this condition: “If a man who has had a child by a woman afterward marries her, the child or its descendants, if recognized by him before or after marriage, shall be deemed legitimate.”
Commonwealth, Dep't of Child Welfare v. Helton, 411 S.W.2d 932 (Ky. Ct. App. 1967). “The trial judge had the view that KRS 391.090 served to legitimatize the child when the Heltons married.”
Turner v. Perry Cnty. Coal Corp., 242 S.W.3d 658 (Ky. Ct. App. 2007). “In so doing, however, the court stated: Insofar as it declares the invalidity of KRS 391.090 this opinion shall have no retroactive effect upon the devolution of any title occurring before April 26, 1977 (the date of the Trimble opinion), except for those specific instances in…”
Dudley's Adm'r v. Fid. & Deposit Co. of Maryland, 240 S.W.2d 76 (Ky. Ct. App. 1951). “” Using the foregoing criterion as a guide, it is apparent that if Elnora is adjudged to be the child of Lorene and Davis Bush, she will not be declared a bastard, because she will have been born in lawful wedlock; or, if Alger is decreed to be the father of Elnora, she will…”
Warner v. Ward, 401 S.W.2d 62 (Ky. Ct. App. 1966). “On the contrary, it would seem fatal to the War-ners’ position, because when the natural father of an illegitimate child marries the mother and acknowledges the child as his, the child is ipso facto legitimized.”
Murray v. Murray, 564 S.W.2d 5 (Ky. 1978). “2d 31 (1977), in which an Illinois bastardy statute similar to KRS 391.090 was struck down as violative of the Equal Protection Clause of the Fourteenth Amendment.”
— Ky. Rev. Stat. § 391.090(1) — 1 case
Crutcher's Heirs v. Tilford, 269 S.W.2d 227 (Ky. Ct. App. 1954).
— Ky. Rev. Stat. § 391.090(2) — 8 cases
Rudolph v. Rudolph, 556 S.W.2d 152 (Ky. Ct. App. 1977). “The Attorney General acknowledged receipt of notice and stated that he did not wish to be heard in the action “at this time.” The trial court granted Nannie Mae Rudolph’s motion for summary judgment.”
Turner v. Perry Cnty. Coal Corp., 242 S.W.3d 658 (Ky. Ct. App. 2007). “In so doing, however, the court stated: Insofar as it declares the invalidity of KRS 391.090 this opinion shall have no retroactive effect upon the devolution of any title occurring before April 26, 1977 (the date of the Trimble opinion), except for those specific instances in…”
Pendleton Ex Rel. Gadd v. Pendleton, 531 S.W.2d 507 (Ky. Ct. App. 1975).
Murray v. Murray, 564 S.W.2d 5 (Ky. 1978). “2d 31 (1977), in which an Illinois bastardy statute similar to KRS 391.090 was struck down as violative of the Equal Protection Clause of the Fourteenth Amendment.”
Tarter v. Medley, 356 S.W.2d 255 (Ky. Ct. App. 1962). “010) inherits only from his or her mother or mother’s kindred, KRS 391.090(2), subject to this condition: “If a man who has had a child by a woman afterward marries her, the child or its descendants, if recognized by him before or after marriage, shall be deemed legitimate.”
— Ky. Rev. Stat. § 391.090(3) — 3 cases
Dudley's Adm'r v. Fid. & Deposit Co. of Maryland, 240 S.W.2d 76 (Ky. Ct. App. 1951). “” Using the foregoing criterion as a guide, it is apparent that if Elnora is adjudged to be the child of Lorene and Davis Bush, she will not be declared a bastard, because she will have been born in lawful wedlock; or, if Alger is decreed to be the father of Elnora, she will…”
Tarter v. Medley, 356 S.W.2d 255 (Ky. Ct. App. 1962). “010) inherits only from his or her mother or mother’s kindred, KRS 391.090(2), subject to this condition: “If a man who has had a child by a woman afterward marries her, the child or its descendants, if recognized by him before or after marriage, shall be deemed legitimate.”
Warner v. Ward, 401 S.W.2d 62 (Ky. Ct. App. 1966). “On the contrary, it would seem fatal to the War-ners’ position, because when the natural father of an illegitimate child marries the mother and acknowledges the child as his, the child is ipso facto legitimized.”
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