Unless a different purpose is plainly expressed in the instrument, every limitation in a deed or will contingent upon a person dying "without heirs," or "without children" or "issue," or other words of like import, shall be construed a limitation to take effect when such person dies, unless the object on which the contingency is made to depend is then living, or, if a child of his body, such child is born within ten (10) months next thereafter.
KRS 381.080
Construction of "without heirs," "without children" or "issue" in deed or will
Applied in 6 court decisions — leading case Johnson v. Foley (1946)
Most recently applied in ASHLAND OIL & REFINING COMPANY v. Rice (October 1964)
Effective: October 1, 1942 History: Recodified 1942 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.