Kemp v. Kroutter

In this proceeding for the probate of the will of Charles L. Kroutter, Lois Kemp filed a motion for determination of widowhood, requesting that the probate court declare her to have been the common-law wife of Kroutter at the time of his death. Kemp requested a trial by jury; the executor and others filed motions to strike the demand for jury trial, and the probate court granted these motions. After a trial, the probate court determined that Kemp was not the common-law wife of Kroutter. She appeals, arguing as error the striking of her request for jury trial and the granting of a motion in…