Williams v. Uptagrafft

FOSTER, Justice.

This is a suit in equity by the children of E. E. Uptagrafft to vacate a proceeding in the probate court while they were minors begun by their guardian to sell their interest in land for their maintenance and education.

The claim is made that the proceeding was in violation of a feature of section 7918, Code, in which it is provided that when the homestead of a decedent vests absolutely in the widow and minor children, “it shall not be sold or partitioned by order of any court until the death of the widow and the youngest child is of age,” with an exception not here applicable.

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