The action was properly instituted in the district court, because the title to land was in controversy, a subject which falls outside the scope of probate jurisdiction; but the petition was .demurrable because the deed pleaded shows title was taken by Ira E. Hobson as trustee for Pauline and Helen Hobson. (Loan Co. v. Essex, 66 Kan. 100, and cases cited in the opinion.) There is no difficulty in harmonizing the various parts of the deed.

The judgment is affirmed.