Steinkirchner v. Linscheid

The opinion of the court was delivered by

Burch, J.:

The appeal in this case is from a declaratory judgment of the district court and involves consideration of a constitutional provision and a statute of Kansas pertaining to alienation of homestead interests. The district court held, in substance, that when an incompetent person has an interest in a homestead which was occupied by the family of the incompetent at the time the declaration of incompetency occurred, the probate court cannot authorize the incompetent’s guardian to join in the sale of the property by finding sometime later that the…