Montgomery v. Montgomery

JUDGE HARDIN

delivered the opinion op the court:

This was a proceeding by petition, filed in the Daviess circuit court, by the appellant, as guardian of Amelia and Magdalen Allen, infant children of Joseph Allen, deceased, for a sale of a tract of seventy-four and one half acres of land lying in Nelson county, and which descended to said infants from their father. It is alleged in the petition that said Joseph Allen was domiciled in Daviess county at the time of his death, and that his personal representatives were qualified in that county.

The circuit court having dismissed the petition for…