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394.410 Death of part of group of devisees before testator -- Children includes
grandchildren.
(1)
(2)
(3)
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.
A devise to children embraces grandchildren when there are no children, and no
other construction will give effect to the devise.
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.
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