Brown v. Sammons

LAMBERT, Justice.

The issue before this Court is whether a surviving spouse who renounces the decedent’s will is entitled to the $7500 spousal exemption allowed by KRS 391.030. The district court adjudged the surviving spouse so entitled and the circuit court affirmed. The Court of Appeals granted discretionary review and affirmed the circuit court. We granted discretionary review and now reverse.

The parties have stipulated the facts as follows:

Movants are the children and respondent (Appellee) is the widower of Lena Sam-mons who died testate. Respondent (Ap-pellee) renounced the Will, and…