FRANCIS v. JUSTICE

No. 84-CA-1535-MR.

687 S.W.2d 868 (1985)

Betty Jean FRANCIS, Individually and as Administratrix of the Estate of Frinnie Glen Justice, and Ralph Francis, Jr., Her Husband, Appellants, v. Grover JUSTICE and Mary Jo Justice, His Wife, Appellees.

Court of Appeals of Kentucky.

April 12, 1985.


Attorney(s) appearing for the Case

Michael de Bourbon Pikeville, Ky., for appellants.

Lawrence R. Webster, Webster & Clark, Pikeville, Ky., for appellees.

Before HOWERTON, McDONALD and WHITE, JJ.


HOWERTON, Judge.

Betty Jean Francis appeals from a judgment of the Pike Circuit Court denying her a dower interest in real property owned by her deceased husband, Frinnie Glen Justice. She argues that the trial court erred in holding that KRS 391.020, also known as the "Ancestral Property Statute," supersedes KRS 392.020, the dower statute. We agree with her argument and reverse the judgment.

In 1969, Grover and Mary Jo Justice gave a tract of real estate...

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