gno.law

Guardianship of Lewis

California Supreme Court · S.F. No. 2296. · 1902-11-26 · Published · 70 P. 926 · 137 Cal. 682 · 1902 Cal. LEXIS 634

In the Matter of the Guardianship of MABEL IONE LEWIS, a Minor. ALFRED J. LEWIS, Appellant, v. SARAH A. READ, Respondent

Proceeding
appeal from an order
Trial court
Superior Court of Monterey County
Trial judge
N. A. Dorn
Outcome
affirmed — The order is affirmed.
Area
probate
Panel
Charles H. Garoutte (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 — Garoutte

GAROUTTE, J.

is an appeal from an order appointing respondent guardian of the minor, Mabel lone Lewis. Appellant and respondent each filed petitions for letters of guardianship, appellant being the father and respondent the grandmother. These petitions were heard together, and the grandmother’s application for letters was granted. It is first contended that there are no findings to support the allegations of respondent’s petition, and likewise no findings to *683 overthrow the allegations of appellant’s petition. There were no answers filed to these respective petitions, and therefore no issues made which demanded findings of fact.

(In re Heldt, 98 Cal. 553.) The evidence has all been brought here upon a bill of exceptions, and after reading it the court is prepared to say that the order appointing the grandmother guardian of the person of the minor will not be reversed, upon the ground of lack of evidence to support it. The question as to which one of these two parties was the proper party to be appointed guardian over the person of this child was essentially a question of fact for the trial court, and that court having decided it, and there being substantial evidence to support that decision, this court will not interfere by setting aside the order for lack of evidence.

The order is affirmed.

Harrison, J., and Van Dyke, J., concurred.

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