Supreme Court of Kansas April 9, 1949, No. 37,528 (Estate of Holder v. Jochems)

The opinion of the court was delivered by

Arn, J.:

This appeal involves a judicial construction of G. S. 1947 Supp. 59-2408, concerning the right to a trial by jury in the district court on an appeal from the probate court from an order denying restoration to capacity of a person previously adjudged incompetent.

On or about December 9, 1946, the appellant was adjudged mentally incompetent.