Thompson, Adm'r v. Hudgens

(dissenting) :

The opinion heretofore filed by me, “for modification,” is withdrawn, and the following opinion is submitted as a dissent from the proposed order refusing the petition, and is to be considered also as an opinion proposing to modify the decree appealed from.

This is an action to marshal the assets, to sell the real estate in aid of the personalty to pay debts, and to settle the estate of W. K.- Hudgens, deceased, who died July 7, 1928, insolvent and intestate. His heirs at law are the widow and four children, defendants; the personal representative of his estate is the plaintiff,…