McKinney v. McKinney

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, “[flor 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 McKinney, was also appointed executrix. The executrix petitioned for and received an order of sale pursuant to KRS 389A.030. The order was made…