Estate of Bolen v. Bolen

It seems to me the question before us upon review of the chancellor’s order of reconveyance is not what may be done but what should be done. When we review the act of a chancellor, we stand in his shoes, and review the record for ourselves, de novo. Stephenson v. Burton, 246 S.W.2d 999, 1000 (Ky.1951). It is true, however, that as to findings of fact we give deference under Kentucky Rules of Civil Procedure (CR) 52.01, and such will not be disturbed unless clearly erroneous. Price v. Pike, 458 S.W.2d 440, 442 (Ky.1970).

The record is clear that Jackie retained no hen on the property. As such,…