Kentucky Revised Statutes
Ky. Rev. Stat. § 394.400 (2026)
Issue of dead devisee or legatee take parent's share
✓ current as of May 2026
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If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof is made or required by the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4841.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1943–2021 · leading case: Blevins v. Moran, 12 S.W.3d 698 (Ky. Ct. App. 2000).
Blevins v. Moran, 12 S.W.3d 698 (Ky. Ct. App. 2000). “They maintain that the trial court misapplied Kentucky’s anti-lapse statute, KRS 394.400, in awarding certain of Dr. Peterson’s bequests to the children of deceased beneficiaries rather than to them, Barkley and Donald, as remaindermen.”
Slattery v. Kelsch, 734 S.W.2d 813 (Ky. Ct. App. 1987). “Coleman, through the *814 applicability of Kentucky’s antilapse statutes, KRS 394.400 and KRS 394.410. Summary judgment was granted against them by judgment entered in Mason Circuit Court on November 7,1986, and this appeal followed.”
Murray v. Murray, 564 S.W.2d 5 (Ky. 1978). “Murray, to share in his father’s estate by virtue of either KRS 394.400 or 394.410, two of the so-called anti-lapse statutes.”
Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006). “§ 59-615 (a) (West 1994) (“unless a different disposition is made or required by the will”); Ky. Rev. Stat. Ann. § 394.400 (same) (LexisNexis 1999); Md.”
Skiles v. Bowling Green Trust Co., 171 S.W.2d 235 (Ky. Ct. App. 1943). “410 (KS 2064) and KRS 394.400 (KS 4841) and the decisions of this court containing statements to the effect that the law favors the vesting of remainders.”
Ratliff v. Higgins, 851 S.W.2d 455 (Ky. 1993). “The court concluded upon Glema’s death the “antilapse” statute, KRS 394.400, was implemented so that her estate passed to Jane under the terms of the Tacketts’ will.”
Schmidt v. Halpin, 351 S.W.2d 57 (Ky. Ct. App. 1961). “The only exception to the rule that property left by will to one who predeceases a testator descends as intestate property is provided by KRS 394.400, which reads: “If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving issue who survive…”
Maingault's Adm'r v. Carrithers, 175 S.W.2d 129 (Ky. Ct. App. 1943). “4841, now KRS 394.400, and KS sec. 2064, now KRS 394.”
McGowan v. Bogle, 331 S.W.3d 642 (Ky. Ct. App. 2011). “The appellants countered that KRS 394.400 and KRS 394.410, the anti-lapse statutes, prevented lapse of the bequeath to the deceased siblings and the entire estate passed to them as the descendants of the three designated siblings alive when the will was executed.”
Murray v. Murray, 549 S.W.2d 839 (Ky. Ct. App. 1977). “Was the Appellant entitled to take, pursuant to KRS 394.400 and/or 394.410(1), the share devised to Fred Murray under the will of Dr.”
Philip Willett as Heir of Frances J. Vessels v. the Est. of Frances Vessels (Ky. Ct. App. 2021). “It is our opinion that the trial judge correctly held that the purported will was not executed in conformity with the statutory requirements, particularly the requirement of 2 KRS 394.400 provides: If a devisee or legatee dies before the testator, or is dead at the making of the…”
Ernst v. Shaw, 783 S.W.2d 400 (Ky. Ct. App. 1990). “KRS 394.400 (anti-lapse statute) provides: ISSUE OF DEAD DEVISEE OR LEGATEE TAKE PARENTS’ SHARE.”
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