Adoption of Martin

SHINN, J.

This is an appeal by Huida Martin from an order for the adoption of Janice Adele Martin, now aged five, by her maternal grandparents, John V. and Ottina P. Soderman. Janice is the daughter of Ottina P. Martin, who consents to the adoption, and Clyde Martin, now deceased. Ottina P. Martin, her husband and the child Janice lived in the home of Huida Martin and her husband, John Martin, and the Martins’ young son, then of the age of 16 years, from the time Janice was born until the accidental death of Clyde Martin November 22, 1942. Huida Martin and her husband are the paternal grandparents of Janice. When Clyde Martin died, Ottina removed from the Martin home to that of her parents, petitioners and respondents herein, but the child has since remained and now is with her paternal grandparents. John Y. Soderman was 68 years of age in September,

1945;

his wife Ottina was then 62. They are purchasing a home, have $2,500 in bank, $700 worth of bonds, Mr. Soderman carries $3,000 in life insurance, and is steadily employed as foreman of a rigging outfit. In the Soderman home the child would be with her mother. It is claimed that this arrangement, which would ordinarily be a desirable one, would be so seriously detrimental to the welfare of the child as to render the order of adoption an abuse of discretion, this because the mother, since she was about six years of age, has been a chronic sufferer from epilepsy. This unfortunate condition was the principal reason for the residence of the .younger Martins in the home of Mr. Martin’s parents.

Ottina Martin testified that the condition of her health had improved greatly since she left the home of John and Huida Martin. Between March, 1943, and March, 1944, she had had 12 to 14 epileptic seizures, but she testified, “I am so improved that I don’t have those hard ones, so many.” The epileptic attacks would leave her unconscious, sometimes for a minute, usually longer, and upon one occasion she was unconscious for

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almost 30 hours. Mrs. Sodermau testified that during the past year the seizures had lasted for a half minute to a minute and "would then be all over.” Except during these brief intervals she was "perfectly capable and normal in all respects and her health has been improving. ’ ’ At the time of trial Ottina Martin was working as a clerk in a cleaning establishment at San Pedro. She testified that she always had warning of the approach of the attacks and that when the warnings came she would lie down.