Kentucky Revised Statutes

Ky. Rev. Stat. § 394.360 (2026)

Conversion or removal of devised property not an ademption unless

✓ current as of May 2026
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intended.

(1) The conversion of money or property or the proceeds of property, devised to one (1) of the testator's heirs, into other property or thing, with or without the assent of the testator, shall not be an ademption of the legacy or devise unless the testator so intended; but the devisee shall have and receive the value of such devise, unless a contrary intention on the part of the testator appears from the will, or by parol or other evidence.

(2) The removal of property devised shall not operate as an ademption, unless a contrary intention on the part of the testator is manifested in like manner. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2068, 2069.

Notes of Decisions
Cited in 2 cases, 1950–1957 · leading case: Westover's Ex'x v. Westover, 233 S.W.2d 105 (Ky. Ct. App. 1950).
Westover's Ex'x v. Westover, 233 S.W.2d 105 (Ky. Ct. App. 1950). “Appellant further contends that in addition to the provisions of the will itself, which she thinks shows testator’s intention that she should have all the money on deposit in any bank at the time of his death, there was “other evidence” shown in the record which manifests that…”
Pridemore's v. Bailey, 300 S.W.2d 559 (Ky. Ct. App. 1957). · cites it 2× “28 was traced to investments in savings and loan certificates, and the court held that the heirs, rather than the husband, were entitled to this latter sum.”
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