Chastain v. McKinney

On this appeal from an order of the district court rendering summary judgment in favor of certain of the defendants and sustaining the motions of other defendants to dismiss, the main question presented is whether, under Kentucky law, the devisee under a will has the power to sell devised real estate so as to convey an indefeasible title against subsequent annulment of the will if proven to have been a forgery. The district judge held that, in such circumstances, the devisee can convey to an innocent purchaser for value, without notice, a good title to the devised property.

Section 394.130,…