{"data":{"id":"us-ky/krs-394.410","jurisdiction":"us-ky","citation":"KRS 394.410","heading":"Death of part of group of devisees before testator -- Children includes","body":"grandchildren.\n(1) When a devise is made to several as a class or as tenants in common, and one (1) or\nmore of the devisees die before the testator, and another or others survive the\ntestator, the share or shares of such as so die shall go to his or their descendants, if\nany; if none, to the surviving devisees, unless a different disposition is made by the\ndevisor.\n(2) A devise to children embraces grandchildren when there are no c hildren, and no\nother construction will give effect to the devise.\n(3) If a devise is made to several as joint tenants with right of survivorship and one (1)\nor more of the devisees dies before the testator and another or others survive the\ntestator, the s hare or shares of such as so die shall go to such as so survive.\nProvided, however, in the event of the death of all the joint tenants before the death\nof the testator, the order of death of the joint tenants shall not affect the devolution\nof the property  and, in this case, devolution shall be governed by subsection (1)\nhereof, as if the devise had been made to the deceased devisees as tenants in\ncommon.","path":["KRS Chapter 394"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36284","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:26Z","sha256":"d9d377df51bca312f003a3c84049029bf1929131074a96080cc9af65a969758c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-394.400","next":"us-ky/krs-394.420"},"notice":"GroundRules: Original legal text. Not legal advice."}