Taylor v. Minish

MONTGOMERY, Judge.

Lucy Mathews Taylor et al., appeal from a declaratory judgment holding that Ruby M. Groves is entitled to the entire estate of O. B. Mathews under his will. Appellants contend that one-half of the-estate should have passed to them by intestacy instead of by the will. The construction of KRS 394.400 is involved.

The statute provides:

“If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving issue who survive the testator, such issue shall take the *838estate devised' or bequeathed, as the devisee or legatee would have done if he had survived…