Rhodes v. Rhodes

DUNN, Special Judge.

This is an appeal from a judgment in a declaration of rights action in which the Bullitt Circuit Court held that the specific recovery distribution language of Kentucky’s wrongful death statute was controlling over waiver language by a surviving widow contained in a property settlement agreement filed in a pending dissolution action of the parties’ marriage pending at the time of a deceased husband’s wrongful death.

The issue on appeal is whether the property settlement waiver agreement, absent a final divorce decree, would bar recovery by the surviving spouse of part of…