Guardianship of Waite

14 Cal.2d 727 (1939) In the Matter of the Guardianship of FANNIE ROLLINS WAITE, an Incompetent Person. CROCKER FIRST NATIONAL BANK OF SAN FRANCISCO (a National Banking Association) et al., Respondents,

v.

FANNIE ROLLINS WAITE, Appellant.

S. F. No. 16152. Supreme Court of California. In Bank.

December 18, 1939. Clarence E. Rust for Appellant.

James E. Colston and Richard C. O'Connor for Respondents.

GIBSON, J.

This is an appeal from a decree of the Superior Court of San Francisco, declaring Fannie Rollins Waite, incompetent, and granting letters of guardianship of her person and estate.

On August 15, 1938, Pearl Stewart, daughter of the alleged incompetent, filed a petition praying for the issuance of letters of guardianship of the person and estate of appellant, aged 78. At the hearing two doctors, appointed by the trial court, were called by the respondent and testified. [729] Upon the conclusion of the doctors' evidence the court having been informed by counsel for respondent that there were eight lay witnesses in the matter, said: "I am prepared to make the order in this matter right now, and I am relying on the testimony of the doctors ... I don't want to hear any lay witnesses."

Counsel for appellant requested permission of the court to call appellant as a witness. The court replied: "I don't want to hear from her." Counsel for appellant then called appellant to the stand and offered her to be sworn. The court said: "If you have any medical testimony I will be glad to hear it, but I don't want to hear from the lady. I don't know anything personally about her mental condition."

The court thereupon made the decree appointing Pearl Stewart, the daughter, guardian of the person, and Crocker First National Bank, guardian of the estate.

Appellant complains: (1) that the court erred in refusing to permit her to testify in her own behalf; and (2) that the evidence is not sufficient to justify the finding of incompetency.