Trumbly v. Martell

The opinion of the court was delivered by

Smith, J. :

A widow, the head of a family, died, leaving children, some of whom were minors who continued to occupy the homestead. Can partition of such homestead be made before the minor children become of age, against their objections?

Section 9, article 5, of the constitution, provides that a homestead occupied as a residence by the family of the owner shall be exempted from forced sale under any process of law. Several sections of chapter 109, General Statutes of 1897 (Gen. Stat. 1899, §§ 2441-2472), relate to the question. Section 2 provides that a…