In Re Jones

KNIGHT, J.

This proceeding in

habeas corpus

was instituted by the petitioner John Savage to secure the release from the custody of the juvenile court authorities of the city and county of San Francisco of two children, namely, Dorothy and Bernard Jones, aged fourteen and ten years respectively. They are full orphans, and were adjudged wards of said court by the judgment thereof pursuant to proceedings initiated by the filing of a verified petition by the said John Savage, their guardian, wherein he alleged that the children were destitute and without means of support. Two hearings were had before the juvenile court; petitioner and his attorney were personally present at both, and at the final hearing petitioner requested permission to withdraw the petition. His request was denied, and at the conclusion of the hearing the court found that the status of the children fell within the provisions of subdivision c of section 700 of the Welfare and Institutions Code, and accordingly adjudged them to be wards of the court and committed them to the custody of the probation officer. Shortly afterwards they were placed temporarily in private homes, it being the intention of the court ulti

[79]

mately, as expressed at the final hearing, to award permanent custody to relatives in England. Approximately two weeks after the entry of said judgment petitioner instituted the present proceeding in

habeas corpus

for their release.

It appears from the record produced in support of the return to the writ that the father of the children died in 1935, and the mother in May, 1937. They were residents of Contra Costa County; and following the death of her husband Mrs. Jones received state and county aid. The father was survived by a sister, Mrs. Lewis Oliver, a resident of Los Angeles, and several brothers and sisters in England; and Mrs. Jones was survived by relatives residing in this state, among them being an uncle, Peter Benson. The petitioner, John Savage, and his wife are residents of San Francisco, and were close friends of many years ’ standing of the parents of the children. At the time Mrs. Jones died, Mrs. Oliver was visiting her relatives in England; and the Contra Costa County authorities consented that petitioner and his wife take the children to live with them at their home in San Francisco. Mrs. Jones left insurance money and a small savings account, amounting in all to $1400; and Peter Benson applied for and was granted letters of guardianship of the children. In November, 1937, Mrs. Oliver returned from England and applied to the court in Contra Costa County to be appointed guardian in the place of Benson, with the view of taking the children to England to live with their father’s relatives. The following month, December, 1937, Benson was stricken with a fatal illness and died soon afterwards; thereupon petitioner filed an application to be appointed guardian in opposition to the pending petition of Mrs. Oliver. His petition was granted, and later at his request the guardianship proceeding was transferred to San Francisco. Approximately $1174 of the guardianship funds were expended, $600 or thereabouts having been used to pay the funeral expenses of Mrs. Jones, $180 to reimburse petitioner and his wife for the money they had expended in behalf of the children during the year and a half or more they had cared for them, and the remainder for attorney’s fees and court costs; so that only $226 remained in the hands of the guardian. Thereupon petitioner made an application to the department of social welfare agency in San Francisco for the $20 a month allowance for eabh child provided by law for the care of full orphans. He