In Matter of Jacobs

This appeal is prosecuted on questions of law and fact from an order of the Probate Court adjudging William E. Jacobs to be an incompetent person and appointing a guardian of his estate. We consider a motion of the appellee, Edward H. Jacobs, to dismiss the appeal for the reason that this is not a chancery case.

There is little controversy between the parties as to the rules defining the -eases which can be retried in this court. Both parties cite and comment on Wagner v. Armstrong, 93 Ohio St., 443, 113 N. E., 397; In re Estate of Gurnea, 111 Ohio St., 715, 146 N. E., 308, and Squire, Supt.…