Brown v. Sammons

743 S.W.2d 23, 1988 Ky. LEXIS 7, 1988 WL 3381
CourtKentucky Supreme Court
DecidedJanuary 21, 1988
DocketNo. 87-SC-523-DG
StatusPublished
Cited by8 cases

This text of 743 S.W.2d 23 (Brown v. Sammons) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Sammons, 743 S.W.2d 23, 1988 Ky. LEXIS 7, 1988 WL 3381 (Ky. 1988).

Opinion

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 then, as Executor, allowed himself the personal property exemption of $7,500.00 provided by KRS 391.030.

Prior to the 1982 amendment to KRS 391.030, the issue we now consider was well settled. On renunciation of a will, the surviving spouse was expressly entitled to the exemption by virtue of § 4 of the statute which contained the following provision:

(4) This section applies to cases where the husband or wife dies testate and the surviving spouse renounces the provisions of the will as provided in KRS 392.080.

However, by amendments which became effective on July 15, 1982, the foregoing section was omitted.

Movants argue that omission of § 4 from the statute demonstrates a legislative intent that the surviving spouse not receive the exemption on renunciation. Respondent acknowledges that “confusion and doubt” have arisen, but suggests that § 4 merely emphasized the obvious. He contends that the language of the renunciation statute, KRS 392.080, “as if no will had been made,” is dispositive and that the Legislature eliminated § 4 of KRS 391.030 because it was .unnecessary.

As respondent has pointed out, statutes expressly granting surviving spouses the exemption upon renunciation have a long history in the law of Kentucky. For a detailed discussion of the history of such statutes, see 1 Merritt, Kentucky Practice, Probate Practice and Procedure, Chapter 8, § 308 (2nd ed. 1984). Notwithstanding its ancient origin, the precise question in this case is whether the Legislature intended to abolish the spousal exemption on renunciation, or whether KRS 391.030(4) was eliminated as surplusage.

It is beyond dispute that whenever a statute is amended, courts must presume that the Legislature intended to effect a change in the law. Blackburn v. The Maxwell Co., Ky., 305 S.W.2d 112 (1957); Whitley County Board of Education v. Meadors, Ky., 444 S.W.2d 890 (1969). We must also presume that whenever the Legislature amends an existing statute, it is cognizant of existing law. Swindler v. Kenton & Campbell Benevolent Burial Ass’n., 275 Ky. 666, 122 S.W.2d 506 (1938). In this case, these presumptions are empirical by virtue of recent legislative action on the subject.

In 1974, KRS 391.030 was amended and the express inclusion of the spousal exemption upon renunciation was eliminated. Just two years later, in his call for an extraordinary session of the General Assembly, Governor Carroll identified

[T]he enactment of legislation restoring the exemption from distribution and sale of personal property or money to the amount of three thousand five hundred dollars ($3,500) provided in KRS 391.030 to spouses renouncing the will of a deceased spouse

[25]*25as one of the matters upon which he requested legislative action. In response, the General Assembly restored the express grant of the spousal exemption. The law remained unchanged for only six years. In 1982, the General Assembly again eliminated the express grant from the statute and since that time no changes have occurred. In view of the attention this statute has received in recent years, the normal presumptions accorded legislative enactments are enhanced.

Considering the presumptions of knowledge and intent we accord the action of the General Assembly in its 1982 amendment, of what effect then is the removal of § 4 from the statute? In Inland Steel Co. v. Hall, Ky., 245 S.W.2d 437 (1952), prior Workmen’s Compensation law required an employer to furnish his injured employee an artificial member. By subsequent amendment, this provision was omitted. The employee argued that another portion of the Act requiring the employer to furnish “surgical supplies and appliances” was sufficiently broad to include an artificial leg. In deciding the case upon what we believed to be the legislative intent, this Court said:

[Wjhere a clause in an old enactment is omitted from the new one, it is to be inferred that the Legislature intended that the omitted clause should no longer be the law.

We quoted with approval from Eversole v. Eversole, 169 Ky. 793, 185 S.W. 487, 489 (1916), as follows:

Where a statute is amended or re-enacted in different language, it will not be presumed that the difference between the two statutes was due to oversight or inadvertence on the part of the Legislature. On the contrary, it will be presumed that the language was intentionally changed for the purpose of effecting a change in the law itself. Inland Steel Co. at 438.

We find Inland Steel Co. persuasive as to the significance of the omission of § 4 from the Act as amended in 1982.

We could not render a decision in this case without addressing respondent’s principal contention that KRS 392.080(1) is controlling and likewise discussing the statutes applicable to this case.

KRS 392.080(1) permits a surviving spouse to release what is given by the decedent’s will and “... receive his or her share under KRS 392.020 as if no will had been made_” KRS 392.020

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jefferson County Board of Education v. Fell ex rel. L.F.
391 S.W.3d 713 (Kentucky Supreme Court, 2012)
Godby v. Commonwealth
187 S.W.3d 857 (Court of Appeals of Kentucky, 2005)
Sanders v. Pierce
979 S.W.2d 457 (Court of Appeals of Kentucky, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
743 S.W.2d 23, 1988 Ky. LEXIS 7, 1988 WL 3381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-sammons-ky-1988.