TAYLOR v. MINISH


374 S.W.2d 837 (1964)

Lucy Mathews TAYLOR et al., Appellants, v. Alfred W. MINISH, etc., et al., Appellees.

Court of Appeals of Kentucky.

January 24, 1964.


Attorney(s) appearing for the Case

William G. Reed, Carrollton, for appellants.

L. T. Peniston, New Castle, R. L. Hardin, Carrollton, for appellees.


MONTGOMERY, Judge.

Lucy Mathews Taylor et al., appeal from a declaratory judgment holding that Ruby M. Groves is entitled to the entire estate of O. B. Mathews under his will. Appellants contend that one-half of the estate should have passed to them by intestacy instead of by the will. The construction of KRS 394.400 is involved.

The statute provides:

"If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving...

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