Simpson v. Wethington
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The Supreme Court reversed the decision of the court of appeals affirming the judgment of the circuit court declaring that the Estate of Nannie Wethington had no dower right pursuant to Ky. Rev. Stat. 392.020 in $38,500 withdrawn from the bank account of her husband, James Wethington, by their son, Kerry Wethington, two days prior to James' death, holding that the lower courts failed to apply controlling precedent.
In Kentucky, a widow has an absolute estate to one-half of the personalty of her deceased widow's estate. In this instant case, the circuit court found that James made a valid inter vivos gift to Kerry and that Nannie had no dower right to the $38,500 withdrawn from James's bank account. The court of appeals affirmed. The Supreme Court reversed, holding that the gift of $38,500 was presumptively fraudulent, and the evidence conclusively proved the presumption. The Court remanded the case with instructions that Nannie's estate be distributed the amount of the gift which would satisfy her fifty percent statutory share.
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