In re Appeal of Barnell

*843The opinion of the court was delivered by

Smith, J.:

This was a proceeding pursuant to R. S. 1933 Supp. 39-211 and 39-221. The probate court, and on appeal the district court, held these two sections are in violation of article 15 of section 9 of the constitution of the state. The applicant under those two sections appeals.

The facts are all admitted. On November 24,1931, Harry Barnell was adjudged to be insane. He was committed to one of the state hospitals. Letters of guardianship were issued to Margaret Barnell, his wife. On or about January 6, 1933, Margaret bought in her own name a house…