Kentucky Trust Co. v. Kessel

PALMORE, Judge.

This is a declaratory judgment action in which the essential facts were treated as undisputed and judgment was entered on the basis of the allegations in the pleadings.

There is but one question in the case, and it can be simply stated. When a tenant by the entirety purports in his will to dispose of the fee simple title and the surviving spouse (a) fails to renounce the will and (b) accepts other benefits under the will, do the surviving spouse and those who claim through her become estopped to deny or contest the testamentary disposition? The chancellor concluded that they do,…