In Re Estate of King
In the Matter of the Guardianship of the Person and Estate of Phebe R. King, Incompetent.
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Fresno County
- Trial judge
- H. Z. Austin
- Outcome
- affirmed — Affirmed.
- Area
- probate
- Panel
- Frank S. Brittain (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Brittain
BRITTAIN,
While Phebe R. King, aged eighty-three, was living with one of her sons, other children petitioned for the appointment of a guardian, alleging she was incompetent and subject to fraud, which they further alleged was being practiced upon her. The petition was denied.
[1]
The appeal was based wholly on the claimed insufficiency of the evidence to support the findings that she was not incompetent and that no fraud had been practiced. The evidence was conflicting and enough appeared to support the findings. In such a case the judgment will be affirmed.
(Matter of Daniels, 140 Cal. 335-337, [73 Pac. 1053].)
[2]
Wdien the matter was called for argument a letter from counsel for the- appellants was presented. It contained a statement that Mrs. King had died pending the appeal, and asked that the matter be submitted. If the statement in the letter was sufficient as a suggestion of death, the ordinary course would be to dismiss the appeal. The effect of such a dismissal would be the same as an affirmance of the judgment.
The judgment is affirmed.
Langdon, P. J., and Nourse, J., concurred.
Cites, in this corpus
- Matter of Daniels S.F. No. 3267. · 1903-09-25
Cited by
- Crossley v. Eliel L. A. No. 14368 · 1934-08-31