Kentucky Revised Statutes

Ky. Rev. Stat. § 394.410 (2026)

Death of part of group of devisees before testator -- Children includes

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grandchildren.

(1) When a devise is made to several as a class or as tenants in common, and one (1) or more of the devisees die before the testator, and another or others survive the testator, the share or shares of such as so die shall go to his or their descendants, if any; if none, to the surviving devisees, unless a different disposition is made by the devisor.

(2) A devise to children embraces grandchildren when there are no children, and no other construction will give effect to the devise.

(3) If a devise is made to several as joint tenants with right of survivorship and one (1) or more of the devisees dies before the testator and another or others survive the testator, the share or shares of such as so die shall go to such as so survive. Provided, however, in the event of the death of all the joint tenants before the death of the testator, the order of death of the joint tenants shall not affect the devolution of the property and, in this case, devolution shall be governed by subsection (1) hereof, as if the devise had been made to the deceased devisees as tenants in common. Effective: October 1, 1942 History: Amended 1972 Ky. Acts ch. 168, sec. 14, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2064.

Notes of Decisions

Cited in 14 cases, 1943–2014 · leading case: Horseman v. Horseman, 217 S.W.2d 645 (Ky. Ct. App. 1949).

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Horseman v. Horseman, 217 S.W.2d 645 (Ky. Ct. App. 1949). · cites it 12× “The argument of defendants’ counsel in support of their demurrer to the petition is bottomed on subsection (1) of section 394.410 KRS, which says: “When a devise is made to several as a class or as tenants in common, or as joint tenants, and one or more of the devisees die…”

Slattery v. Kelsch, 734 S.W.2d 813 (Ky. Ct. App. 1987). · cites it 3× “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.”

Reynolds v. Reynolds, 434 S.W.3d 510 (Ky. Ct. App. 2014). · cites it 4× “500 and KRS 394.410, may prevent a gift from lapsing where a beneficiary predeceases the testator, but only in certain circumstances.”

McLeod v. Andrews, 196 S.W.2d 473 (Ky. Ct. App. 1946). “Donaldson’s death, without issue, passed to those living, relying upon the provisions of KRS 394.410(1). *53 The language of the residuary clause is, after providing a contingency as to costs etc.”

Skiles v. Bowling Green Trust Co., 171 S.W.2d 235 (Ky. Ct. App. 1943). “” Appellants, who are the widows of group members *218 who died prior to the death of testator’s widow, rely almost exclusively upon the provisions of KRS 394.410 (KS 2064) and KRS 394.400 (KS 4841) and the decisions of this court containing statements to the effect that the law…”

Pennington v. Citizens Fid. Bank & Trust Co., 390 S.W.2d 671 (Ky. Ct. App. 1965). “Pennington that if he is not entitled to take as a child, then his son (by a previous marriage) is entitled under KRS 394.410(2) to take in the capacity of a grandchild.”

Maingault's Adm'r v. Carrithers, 175 S.W.2d 129 (Ky. Ct. App. 1943). “2064, now KRS 394.410, and knew that under those statutes the estate at testator’s death would immediately vest in his .”

McGowan v. Bogle, 331 S.W.3d 642 (Ky. Ct. App. 2011). · cites it 7× “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, 564 S.W.2d 5 (Ky. 1978). · cites it 2× “KRS 394.410: (1) When a devise is made to several as a class or as tenants in common, or as joint tenants, and one or more of the devisees die before the testator, and another or others survive the testator, the share or shares of such as so die shall go to his or their…”

Shoenberg v. Lodenkemper's Ex'r, 234 S.W.2d 501 (Ky. Ct. App. 1950). · cites it 3× “The Chancellor, being of the opinion that the residue of the estate was bequeathed to the named residuary legatees as a class, decreed that the share of the deceased member of the class should be equally distributed to the surviving residuary legatees under KRS 394.410 which…”

Combs v. First Sec. Nat'l Bank & Trust Co., 431 S.W.2d 719 (Ky. Ct. App. 1968). “We conclude that by reason of the making of the provision for issue the testator’s intent was that the two-thirds of his estate covered by the clause in dispute should go, at his daughter’s death without issue, to such of his brothers, or their issue per stirpes, as survived the…”

Pimpel v. Pimpel, 253 S.W.2d 613 (Ky. Ct. App. 1952). “Gertrude Ohl died prior to the death of Lorena Pimpel, leaving no descendants or issue surviving, and the property jointly devised to Gertude Ohl and Henry Pimpel passed to the latter under the provisions of KRS 394.410. In addition to the house and furniture devised to Edward…”

Show all 14 citing cases →

— Ky. Rev. Stat. § 394.410(1) — 3 cases

Reynolds v. Reynolds, 434 S.W.3d 510 (Ky. Ct. App. 2014). “500 and KRS 394.410, may prevent a gift from lapsing where a beneficiary predeceases the testator, but only in certain circumstances.”

McGowan v. Bogle, 331 S.W.3d 642 (Ky. Ct. App. 2011). “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.”

— Ky. Rev. Stat. § 394.410(2) — 2 cases

Slattery v. Kelsch, 734 S.W.2d 813 (Ky. Ct. App. 1987). “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.”

— Ky. Rev. Stat. § 394.410(3) — 1 case

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