Merrill v. Harris
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The only possible excuse for the sale, of the homestead of a minor is to obtain funds for his education and support. Sand. & H. Dig., §§ 3606 et seq. The only case where the probate court has jurisdiction over the homestead is in cases where it exceeds the limit.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The only possible excuse for the sale, of the homestead of a minor is to obtain funds for his education and support. Sand. & H. Dig., §§ 3606 et seq. The only case where the probate court has jurisdiction over the homestead is in cases where it exceeds the limit. Sand. & H. Dig., §§ 3698-3701. It can neither be sold to pay debts, nor be partitioned. 49 Ark. 75; 53 Ark. 504; id. 400; 51 Ark. 429; 56 Ark. 563. The probate court has no right, either by statute or constitution, to deal with homestead estates. 51 Ark. 563; Const. Ark. §…
1Opinion of the CourtBunn, C. J.
The only question presented by this record is, “has a probate court, in which a guardianship of minors is pending, the power to order the sale of the homestead left them by the mother (the surviving parent) for the benefit of said minors.
Lucy M. Fulton died seized and possessed of lots l"and 2 in block 17 in the city of Little Rock, and occupied the same and the improvements thereon as her homestead until the d^y of her death, her husband having died previously. So far as this record shows, she left no other property and no debts, and no children except her minor sons, Chester and Freddie,…
2Cases cited4 opinions
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Thaw v. RitchieSupreme Court of the United States · 1890
- Morton v. McCanlessMississippi Supreme Court · 1891
- Sloan v. NanceSupreme Court of Georgia · 1872
3Cited by10 opinions
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Ex parte TiptonSupreme Court of Arkansas · 1916
- Gatlin v. LafonSupreme Court of Arkansas · 1910
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