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KRS 394.360

Conversion or removal of devised property not an ademption unless intended

Applied in 2 court decisions — leading case Westover's Ex'x v. Westover (1950)

Most recently applied in Pridemore's v. Bailey (March 1957)

Effective: October 1, 1942 History: Recodified 1942 Ky

(1) The conversion of money or property or the proceeds of property, devised to one (1) of the testator's heirs, into other property or thing, with or without the assent of the testator, shall not be an ademption of the legacy or devise unless the testator so intended; but the devisee shall have and receive the value of such devise, unless a contrary intention on the part of the testator appears from the will, or by parol or other evidence.

(2) The removal of property devised shall not operate as an ademption, unless a contrary intention on the part of the testator is manifested in like manner.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.