Bennett v. Arrowsmith

The opinion of the court was delivered by

Burch, J.:

The subject presented by this appeal is the jurisdiction of the probate court to authorize a partition of real estate agreed upon by the guardian of an insane person and his ward’s cotenants.

*144A father deeded real estate to his three minor children. One of them became insane, and a guardian of her estate was duly appointed. The three children became of age, and partition being greatly desired, the agreement was made. The agreement was presented to the probate court, which found that the division was fair and just and equal, and if carried out…