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RENDERED: NOVEMBER 18, 2010 TO BEPUBLISHED
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2009-SC-000155-DG
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JANETHAMMONS APPELLANTS
AND
JILLISA HAMMONS

ON REVIEW FROM COURT OF APPEALS
CASE NO. 2007-CA-002312-MR
FAYETTE CIRCUIT COURTNO. 06-CI-04029

ROSA HAMMONS APPELLEE
OPINION OF THECOURTBY JUSTICEA13RAMSON AFFIRMING IN PART AND REVERSING IN PART
Dr. James W. Hammons died testate on August 11, 2006, leaving his entire estate to his wife, Rosa Hammons (Rosa), for her lifetime . The will vests
Rosa with the power to invade the corpus of the estate whenever the income
from the estate, plus any money or property she individually possesses, becomes insufficient to provide for her proper maintenance and medical care.
After Rosa's death, any remaining assets in the estate devolve to the testator's daughters, Janet and Jillisa Hammons (Janet and Jillisa) . In a suit brought by the daughters, the Fayette Circuit Court held (1) Rosa owns a life estate in all the property owned by the testator at his death; (2) Rosa has the exclusive right to occupy andcontrol the property; and (3) Janet and Jillisa are contingent
remaindermen. The Court of Appeals affirmed this decision. On discretionary
review, Janet and Jillisa contend (1) they received a vested remainder subject
to divestment and (2) as vested remaindermen, they have accounting rights,
i. e., the right to inspect the property and receive an accounting of both the
estate property held by Rosa and her individual property. We reverse the Court
of Appeals on the first issue because Janet and Jillisa are vested
remaindermen whose interests are subject to divestment, but we affirm on the
second issue because Janet and Jillisa do not have accounting rights.
RELEVANT FACTS
Dr. James Hammons, a physician and resident of Lexington, Kentucky
died on August 11, 2006. Dr. Hammons provided by will for his wife, Rosa,
and his children by a former marriage, Janet and Jillisa. Rosa received a life
estate in all of Dr. Hammons's property and was appointed and qualified as
executrix. Janet and Jillisa received a remainder interest in their father's
estate. The will provides, in pertinent part:
Item I
All of my estate of whatever kind and description and wheresoever located, including any devise or bequest which may lapse or become void, I give, devise, and bequeath to my wife, ROSA W. HAMMONS, for her lifetime . My said wife during her lifetime shall have the right to sell any property received by her under the terms of this Item and invest and reinvest the proceedsthereof in other property, real or personal, in her absolute discretion. Any sale made by my said wife under the provisions of this Item shall be on such terms and conditions, including credit, as she maydeem appropriate, and no purchaser of any property so sold by my wife shall be required to see to the reinvestment of the proceeds of the sale. My said wife
during her lifetime shall be entitled to all income realized from this property received under this Item. If at any time during her lifetime the income from the property together with such other money and propertywhich she may have is insufficient to provide for her proper maintenance and medical care, she shall be entitled to use so much of the corpus of this devise and bequest as shall be necessary to provide for such purposes, or either of them; i .e . she must have exhausted all property which she has, including principal and income from her property and the income from the property left to her under this Item before she may invade the principal of the property devised to her under this Item. On the death of my said wife, I give, devise, and bequeath, absolutely and in fee simple, all of the assets devised and bequeathedunder this Item then remaining, to my daughters, JANETP. HAMMONS and JILLISA S . HAMMONS, to be divided equally between. In the event either of my daughters should fail to survive me and my said wife leaving no issue surviving her, then such deceased daughter's part shall pass to her surviving sibling. In the event a daughter of mine should fail to survive me and my wife leaving issue surviving, her part shall pass as she by will appoints, and in the absence of such appointment, her part shall pass to the children of such daughter.
Item II
If mywife does not survive me, then all of my estate of every kind and description and wherever located, including any devise or bequest which may lapse or become void, I give, devise, and bequeath, absolutely and in fee simple, to by daughters, JANET P. HAMMONS and JILLISA S. HAMMONS, to be divided equally between them. In the event either of my daughters should fail to survive me and my said wife leaving no issue surviving her, then such deceased daughter's part shall pass to her surviving sibling. In the event a daughter of mine should fail to survive me leaving issue surviving, her part shall pass as she bywill appoints, and in the absence of such appointment,her part shall pass to the children of such daughter.
Item IV
I make, nominate and appoint my said wife, ROSA W. HAMMONS, Executrix of this my Will and direct that no surety be required of her on her bond, and if she should be unable or unwilling to . so serve, then I make, nominate, and appoint my daughters, JANET P. HAMMONS and JILLISA S. HAMMONS, as co

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