The surviving spouse shall be entitled, from the time of the deceased spouse's death until
dower or curtesy is assigned, to such share of the rents and profits of the deceased
spouse's real estate as is equal to the surviving spouse's share in the real estate itself,
under KRS 392.020, and the surviving spouse shall hold the dwelling house, yard,
garden, the stable and lot on which it stands, and an orchard, if there is one, adjoining any
of the premises aforesaid, until dower or curtesy is assigned, or, in case of renunciation,
under KRS 392.080.
History: Amended 1974 Ky. Acts ch. 386, sec. 79. -- Amended 1956 Ky. Acts ch. 117,
sec. 4, effective July 1, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2138.
Notes of Decisions
Cited in
4
cases, 1946–1959 · leading case:
Hall v. Hall, 328 S.W.2d 541 (Ky. Ct. App. 1959).
Hall v. Hall, 328 S.W.2d 541 (Ky. Ct. App. 1959).
“KRS 392.050. No dower had been assigned. The costs were adjudged against the appellant, about which he complains.”
Beach v. Hopperton's Ex'r, 196 S.W.2d 894 (Ky. Ct. App. 1946).
“In this State KRS 392.050 definitely fixes the widow’s right of quarantine and under KRS 392.”
Johnson v. Ducobu, 251 S.W.2d 992 (Ky. Ct. App. 1952).
· cites it 2× “Section 392.050, KRS extends to a surviving widow the right to the occupancy of the residence and certain curtilages “without charge, until dower is assigned.”
Logan v. Logan, 296 S.W.2d 479 (Ky. Ct. App. 1956).
““(2) Where dower or curtesy is outstanding in the mineral rights, but has not been assigned, one-third of the income accruing under the lease shall be adjudged to the surviving spouse as his or her curtesy or dower, as provided by KRS 392.050. The remaining income shall be…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.