If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof is made or required by the will.
KRS 394.400
Issue of dead devisee or legatee take parent's share
Applied in 14 court decisions — leading case Blevins v. Moran (2000)
Most recently applied in McGowan v. Bogle (February 2011)
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.