SETTLE v. VERCAMP


485 S.W.2d 251 (1972)

William A. SETTLE, Committee For Frances R. Settle, An Incompetent et al., Appellants, v. Gabriel VERCAMP, Individually, etc., et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 20, 1972.


Attorney(s) appearing for the Case

Thomas E. Sandidge, James S. Sandidge, Sandidge & Sandidge, Owensboro, for appellants.

Philip B. Hayden, Ownesboro, Herbert Schultzman, Paducah, Grover C. Cox, Owensboro, for appellees.


VANCE, Commissioner.

The question presented by this appeal is: When a will devises a life estate without designating a remainderman and the devisee dies before the testator, does the fee in the property which was impressed with the life estate pass under the residuary clause of the will or does it pass to the heirs at law of the testator by virtue of KRS 394.500 relating to lapsed legacies. The judgment appealed from held in favor of the residuary legatees and devisees...

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