Guardianship of Sherman

McCOMB, J.

This is an appeal from orders (1) removing appellant as guardian of the person and estate of Emma Sabin Sherman, and (2) allowing respondent’s attorneys a fee for handling the proceedings leading to the removal of appellant. The appeal is on the judgment roll alone.

The essential facts are:

In 1939 appellant was appointed the guardian of the person and estate of Emma Sabin Sherman, a lady of eighty-seven years of age. Three months after the appointment of appellant as guardian of the incompetent, respondent filed a petition for the removal of the guardian and sought to have Rudolph R. Mueller appointed as guardian of the incompetent. After a hearing the court made findings of fact, so far as material here, as follows:

(1) That appellant had not neglected her duties nor mismanaged the person or estate of the incompetent ;

(2) That appellant at all times provided the incompetent with adequate food, lodging, and money and had made it possible for the incompetent to go to all reasonable places at reasonable times;

(3) That the mental and physical condition of the incompetent had improved under the guardianship, and that the acts of appellant as guardian had not been detrimental to the incompetent.

In addition to the foregoing findings the court found:

(a) “Said incompetent exhibits an irritable and suspicious attitude toward the guardian, Rosalind S. Jones, and an unhappy state of mind exists at present toward the guardian, Rosalind S. J ones, which keeps the incompetent in a disturbed

[253]

condition and renders friendly relations and cooperation between the guardian, Rosalind S. Jones, and the incompetent difficult. ’'

(b) “That if Rudolph R. Mueller is appointed guardian of the person this resentment and antagonism [toward the appellant] may be removed."

These are the questions presented for our determination:

First: Did the findings of the trial court support the conclusions of law upon which the order removing appellant as guardian of incompetent’s person was predicated?