Guardianship of Morro

WOOD, J.

This is an appeal from an order of the superior court, sitting in probate, made on September 29, 1938, directing the manner of compliance with an order made by the court, sitting in probate, on December 23, 1937, by ordering contestants and appellants “to forthwith execute and acknowledge a grant deed to the three parcels of real property hereinbefore referred to, in which deed the sole grantee shall be Bartolomeo Morro, an incompetent’, and to forthwith deliver said grant deed to Albert Morro as guardian of the estate of Bartolomeo Morro, an incompetent”.

Bartolomeo Morro filed an action in the superior court on September 24, 1937, in which he sought to compel his two daughters, Martha Morro and Madeline Morro Rowe, to return to him the sum of $3,250 which he alleged they had received to his use and benefit. He also filed an action against Martha Morro demanding that she reconvey to him three parcels of real estate which he had previously conveyed to her and which he claimed to be his property. Thereafter Dominic Morro, a son of Bartolomeo Morro, filed a petition in the superior court in which he alleged that Bartolomeo Morro was incompetent and asked that a guardian be appointed. The petition for appointment of a guardian came on for hearing and on October 14, 1937, Martha Morro and Madeline Rowe opposed the appointment, being represented by counsel. The matter was continued and on October 19, 1937, the court made the following order: “Court and counsel conferred in chambers, and on stipulation of attorneys court orders petition sustained and respondent Bartolomeo Morro declared incompetent and found to be the owner of certain real and personal property, and court finds it necessary that guardian of person and estate be appointed. Mrs. Madeline Rowe and Albert Morro appointed guardian of estate of said incompetent. Dominic Morro appointed guard

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ian of person . . . By stipulation of attorneys and order of court guardians Madeline Rowe and Albert Morro are ordered to accept offer now made to transfer of $2,400.00 cash and deeds to three parcels of real property described in Los Angeles County S. C. case 420568, property being clear except taxes and encumbrances, on behalf of the incompetent and upon acceptance, which will settle all claims against Martha Morro and Madeline Rowe in said ease, said case shall be dismissed by said parties . . . By stipulation of attorneys and order of court findings and conclusions of law and notice of entry of ■ judgment are waived.' ’ A formal order in the guardianship proceedings was signed and filed by the judge on December 23, 1937, in which it was set forth that the court found that all of the allegations in the petition were true. The court appointed Dominic Morro guardian of the person of Bartolomeo Morro, and Albert Morro and Madeline Rowe guardians of his estate. The order further set forth: “The court having declared Bartolomeo Morro an incompetent and having made the above order appointing guardians, and Martha Morro and Madeline Rowe in open court having offered to settle the litigation pending in the Superior Court of this county wherein Bartolomeo Morro is plaintiff in cases No. 420565 and 420568 by conveying by grant deed to the guardians herein appointed of the estate of Bartolomeo Morro to belong to and be part of said estate the three parcels of real property described in the .complaint in said case No. 420568 free and clear of all encumbrances except current taxes and assessments and to pay to said guardians to belong to said estate the sum of twenty-four hundred ($2400.00) dollars, and the court having accepted said offer on behalf of Bartolomeo Morro, and the court having inquired into the nature and extent of the estate of Bartolomeo Morro and his reasonable needs, and all parties present further consenting to the payment of counsel fees and costs of the said estate as hereinafter ordered; It is hereby further ordered, adjudged and decreed that Martha Morro and Madeline Rowe are and each of them is ordered and directed to forthwith execute and deliver to the guardians of the estate of Bartolomeo Morro a grant deed to the aforementioned three parcels of real property and to pay to said guardians the sum of twenty-four hundred ($2400.00) dollars.”