394.410 Death of part of group of devisees before testator -- Children includes

203 words·~1 min read·/ky/394-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

grandchildren.

(1)When a devise is made to several as a class or as tenants in common, and one

(1)or

more of the devisees die before the testator, and another or others survive the

testator, the share or shares of such as so die shall go to his or their descendants, if

any; if none, to the surviving devisees, unless a different disposition is made by the

devisor.

(2)A devise to children embraces grandchildren when there are no children, and no

other construction will give effect to the devise.

(3)If a devise is made to several as joint tenants with right of survivorship and one

or more of the devisees dies before the testator and another or others survive the

testator, the share or shares of such as so die shall go to such as so survive.

Provided, however, in the event of the death of all the joint tenants before the death

of the testator, the order of death of the joint tenants shall not affect the devolution

of the property and, in this case, devolution shall be governed by subsection

hereof, as if the devise had been made to the deceased devisees as tenants in

common.