McGOWAN v. BOGLE

No. 2010-CA-000118-MR.

331 S.W.3d 642 (2011)

Sharon McGOWAN; Sharon McGowan, Co-Executrix of the Estate of Mildred Bogle Hudson; Amanda Spears, Co-Executrix of the Estate of Mildred Bogle Hudson; Donald Houston Bogle; Melodie Bogle Spears; Glenn A. Bogle; David Tyree; Terry Sullivan; Charles L. Eckstein; Sherry Sullivan Ramey; and Norma Lou Eckstein Dwyer, Appellants, v. Earl BOGLE; Tommy L. Bogle; James R. Bogle; Glenn R. Bogle; Mildred Sue North; Melva June Pointer; Roselyn Bishop; Kenneth George Young; Parker Wayne Bogle; Anthony Eads, Jr.; Michael Thomas Eads; Martina Eads; Robert Eads; Barbara Eads Welbers; Dorothy C. Lacey; and Mickie Young Pazienza, Appellees.

Court of Appeals of Kentucky.

February 4, 2011.


Attorney(s) appearing for the Case

Amanda Spears , Pro Se, Somerset, KY, for appellants.

D. Bruce Orwin , Somerset, KY, for appellee.

Before CAPERTON and THOMPSON, Judges; ISAAC, Senior Judge.


OPINION

THOMPSON, Judge:

This is a will construction dispute in which the sole question is whether the anti-lapse statutes require that the children of the predeceased beneficiaries inherit under the will. The Pulaski Circuit Court found that that the anti-lapse statutes were not applicable because the will unambiguously expressed the intention that the beneficiaries survive the testator in order to inherit under the will. We agree and affirm.

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