Legal Opinion

Settle v. Vercamp

Court of Appeals of Kentucky

Decided June 23, 1972PublishedCited by 1 opinion

1Opinion of the Court

VANCE, Commissioner.

The question presented by this appeal is: When a will devises a life estate without designating a remainderman and the devi-see dies before the testator, does the fee in the property which was impressed with the life estate pass under the residuary clause of the will or does it pass to the heirs at law of the testator by virtue of KRS 394.-500 relating to lapsed legacies. The judgment appealed from held in favor of the residuary legatees and devisees.

Joseph Gustave Settle, a resident of Dav-iess County, Kentucky, provided in his will as follows:

“Owensboro Kentucky December…

2Cases cited5 opinions

  1. Sigmon v. Moore's Adm'r.Court of Appeals of Kentucky (pre-1976) · 1944
  2. Lester's Adm'r v. JonesCourt of Appeals of Kentucky (pre-1976) · 1945
  3. Schroeder v. BohlsenCourt of Appeals of Kentucky · 1904
  4. Castleman v. Eastin's ExecutorsCourt of Appeals of Kentucky · 1917
  5. Timmons v. GrahamCourt of Appeals of Kentucky · 1958

3Cited by1 opinion

  1. Sisters of Divine Providence of Kentucky, Inc. v. WhalenCourt of Appeals of Kentucky · 1974

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