Wilson, Ex Parte

WINBORNE and DENNY, JJ., join in concurring opinion. This is a special proceeding commenced by petition filed before the clerk of the Superior Court of Yancey County by the administrators, widow and heirs at law of the late A. G. Wilson, being all the parties in interest and asking the same relief, under C. S., 759; wherein the petitioners seek a decree for the private sale of timber belonging to the estate of the decedent to make assets with which to pay off the debts of the decedent. Michie's N.C. Code, 1939, sec. 74.

In response to said petition the clerk of the Superior Court of Yancey…