Hays v. Wicker

Opinion op the Court by

Cheep Justice Hobson—

Reversing.

On April 19, 1907, William Wicker, as guardian of Oscar Hays and Ephraim Hays, filed a petition in equity against them in the Floyd Circuit Court, alleging that they owned an undivided one-half interest in a tract of 88 acres of land, each owning an undivided one-fourth interest, and that a sale of the mineral rights in the land was necessary to educate them and prepare them for life. He prayed a sale of the mineral rights, the proceeds to be applied to their education and maintenance. Proof was taken upon the petition sustaining its…