Postlethwaite v. Edson

(dissenting) : A rehearing was granted on the homestead question only, and the sole question is whether under the will the property occupied by the testators in their lifetime as a homestead passed to the devisees free from the debts of Willis Edson. The question now under consideration has never been squarely before this court, and we are confronted at the outset with the established proposition of law that the owner may sell and convey the homestead — may even make a transfer of the same with the avowed purpose of defeating his creditors, and such sale, conveyance or transfer will not…