Kentucky Revised Statutes
Ky. Rev. Stat. § 394.500 (2026)
Void or lapsed devise included in residuary devise
✓ current as of May 2026
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Unless a contrary intention appears from the will, real or personal estate, comprised in a devise or bequest incapable of taking effect, shall be included in the residuary devise contained in the will. History: Amended 1974 Ky. Acts ch. 299, sec. 11, effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4843.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1944–2023 · leading case: McLeod v. Andrews, 196 S.W.2d 473 (Ky. Ct. App. 1946).
McLeod v. Andrews, 196 S.W.2d 473 (Ky. Ct. App. 1946). “The lapsed devises came to the heir-at-law, not under the will but by operation of the statute, KRS 394.500. “Unless a contrary intention appears from the will, real or personal estate comprised in a devise incapable of taking effect, shall not be included in the residuary…”
Reynolds v. Reynolds, 434 S.W.3d 510 (Ky. Ct. App. 2014). “However, Steven denied that KRS 394.500 applied to the gift to David in Article V of Alice’s will.”
Ward v. Curry's Ex'r, 180 S.W.2d 305 (Ky. Ct. App. 1944). “In a large measure they rely upon KRS 394.500 (formerly Sec. 4843, Ky. Stats.”
Horseman v. Horseman, 217 S.W.2d 645 (Ky. Ct. App. 1949). “” On the other hand, it is argued by counsel for appellant that section 394.500 should govern the proper interpretation of the will here in contest.”
Sigmon v. Moore's Adm'r., 180 S.W.2d 420 (Ky. Ct. App. 1944). “It is contended by the appellees that since the testator’s wife did not dispose of the $2000 by will the devise contained in the fourth clause was a lapsed devise, or one incapable of taking effect, which, by virtue of KRS 394.500, was not included in the residuary clause but…”
Schmidt v. Halpin, 351 S.W.2d 57 (Ky. Ct. App. 1961). “Under KRS 394.500 it is provided that, unless a contrary intention appears from the will (and none appears in the will under scrutiny), “real or personal estate, comprised in a devise incapable of taking effect, shall not be included in the .”
Dils v. Richey, 431 S.W.2d 497 (Ky. Ct. App. 1968). “Under KRS 394.500 the devise to the wife lapsed, so her heirs could not take under the will.”
Kurrie v. Ky. Trust Co. of Louisville, 194 S.W.2d 638 (Ky. Ct. App. 1946). “The heirs of the testator, Melancthon Young, prosecute this appeal and insist that the devise to the three remaindermen was defeated by their death prior to that of the life tenant, and that under KRS 394.500 this lapsed legacy passed as in case of intestacy, since there was no…”
Shoenberg v. Lodenkemper's Ex'r, 234 S.W.2d 501 (Ky. Ct. App. 1950). “5' Appellants, who defended the action on behalf of the maternal heirs at law of the testatrix, contend that the bequest to the deceased residuary legatee should pass to the heirs at law of the testatrix under the provisions of KRS 394.500 which reads: “Unless a contrary…”
Smith v. Bowling Green Bank & Trust Co., 314 S.W.2d 538 (Ky. Ct. App. 1958). “Smith may have been mistaken as to the effect of her will, but we are restricted to the question of interpreting her written statements and cannot consider her oral expressions of intent. Mr. Smith having predeceased Mrs.”
Murray v. Murray, 564 S.W.2d 5 (Ky. 1978). “See also KRS 394.500 (1976 Supp.), which provides that “[u]nless a contrary intention appears from the will, real or personal estate, comprised in a devise or bequest incapable of taking effect, shall be included in the residuary devise contained in the will.”
Ellis v. Paxton, 114 F. Supp. 347 (W.D. Ky. 1953). “§ 394.500, “as in case of intestacy”, to the heirs at law of George A.”
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