Hamilton v. Huntington

On Petition for Rehearing.

In a petition for rehearing appellees say that our original opinion has the effect of overruling a long line of cases, none of which was mentioned in the opinion, namely, McGeath v. Starr (1901), 157 Ind. 320, 61 N. E. 664; Faylor v. Fehler (1914), 181 Ind. 441, 104 N. E. 22; Voyles v. Hinds (1917), 186 Ind. 38, 114 N. E. 865, and other cases. They rely upon the fact that in the original opinion it was stated that:

“So construed, § 1, ch. 2, Acts of 1857 (§ 6-308, Burns’ 1933, § 3044, Baldwin’s 1934) means that the probate court is authorized, in its discretion, to…