Steinkirchner v. Linscheid

The majority decision by analogy I fear may cast upon the titles to much real estate in Kansas a cloud of contestable incertitude. Prior to the declaratory judgment the proper probate court had decreed that the involved property was not the homestead of the incompetent husband. The decision of this court now is, in substance, that because the incompetent’s guardian may have had an interest possibly adverse to the best interests of the incompetent, such possibility necessitated the appointment of a guardian ad litem and that the failure to make such *187appointment, together with the absence of…