McKINNEY v. McKINNEY

No. 93-CA-000342-MR.

888 S.W.2d 332 (1994)

Carl McKINNEY, Linda McKinney, Linda McKenzie, Thomas McKenzie, Ann Naylor and George Naylor, Appellants, v. Alberta McKINNEY, Individually, and Alberta McKinney, as Executrix of the Wilburn J. McKinney Estate, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 9, 1994.


Attorney(s) appearing for the Case

Robert Lee Rose, Winchester, for appellant.

Charles T. Walters, Winchester, for appellee.

Before LESTER, C.J., and HUDDLESTON and SCHRODER, JJ.


SCHRODER, Judge:

This appeal requires an interpretation of KRS 389A.030, the statutory right of partition for concurrent owners and a devise of estates and future interests in land.

The testator, Wilburn J. McKinney, devised his 226 acre farm in Clark County to his wife, "[f]or and during her natural life, and so long as she remains my widow . . . or remarriage, whichever first occurs, . . ." with a remainder in fee to his three children. His wife, Alberta...

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