Hart v. Wimberly

McHaNEy, J.,

(on rehearing). Since this case was originally submitted there has been a change in the personnel of this court, which has necessitated a reconsideration of the whole case on petition for rehearing, and a majority of the court as now constituted agree to the opinions herein expressed. The principal question arising herein is the jurisdiction, or power, of a probate court to order a sale of the minors ’ homestead for the payment of debts.

In September, 1910, J. H. Wimberly died, a widower and intestate, in Clark County/the owner of a rural homestead, with three minor children,…