Francis v. Justice

HOWERTON, Judge.

Betty Jean Francis appeals from a judgment of the Pike Circuit Court denying her a dower interest in real property owned by her deceased husband, Frinnie Glen Justice. She argues that the trial court erred in holding that KRS 391.020, also known as the “Ancestral Property Statute,” supersedes KRS 392.020, the dower statute. We agree with her argument and reverse the judgment.

In 1969, Grover and Mary Jo Justice gave a tract of real estate to their son, Frinnie Glen Justice. Frinnie married Betty Jean on August 4, 1970. Frinnie died without issue on April 21, 1979, but was…