Hyland v. Children's Home Society of California

THOMPSON, J.

This is an appeal from an order of the Superior Court of Sacramento County appointing Guy Y. Hyland guardian of the person and estate of Mae Pauline Pomin, a minor.

The minor was born May 30, 1920, out of wedlock. Her mother, Anna Bahnsen, surrendered the custody of the child to her mother, Nicolena Bahnsen, immediately after the birth of the child, who then promptly delivered the child to the Children’s Home Society of California for the purpose of procuring a suitable home for her. This home-finding society immediately placed the child in the home of Mr. and Mrs. Elwood Pomin, with the expectation that they would formally adopt the child. The child lived in their home for nearly ten years. She was never adopted by them. After placing the child in the custody of Mr. and Mrs. Elwood Pomin, for the purpose of adoption, the Children’s Home Society of California took no further steps to procure the consummation of the adoption. Several years later Mrs. Elwood Pomin died. The child continued to remain in the home of Mr. Elwood Pomin until his death, which occurred in May, 1930. Upon petition therefor the Superior Court of Sacramento County appointed J. E. Pomin, a brother of Elwood Pomin, deceased, as guardian of the person and estate of the minor child. September 30, 1930, upon application therefor, the letters of guardianship which had been previously issued to J. E. Pomin were revoked. No appeal was taken from that judgment and it became final.

On June 30, 1930, this respondent, Guy Y. Hyland, filed his petition in the Superior Court of Sacramento County, praying to be appointed guardian of the person and estate of the minor. Notice of the hearing of this petition was duly served on the Children’s Home Society of California, which appeared and filed an answer thereto, opposing the appointment of the petitioner as guardian of the minor, and

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praying that in the event the court deemed it necessary to appoint a guardian of the minor, that the society be appointed as such guardian. The answer of this appellant alleges that the petitioner, Guy V. Hyland, is not a fit or proper person to assume the custody or become the guardian of the minor, and, upon the contrary, alleges that it will be for the best interest of the minor that the Children’s Home Society of California be given the custody and guardianship of her person and estate. On September 20, 193Ü, for the first time, the Children’s Home Society of California procured from Anna Bahnsen, the mother of the minor, a relinquishment of her maternal control of the child, which was duly filed with the Department of Social Welfare of the State of California, as required by law. The petition for letters of guardianship was heard on October 4, 1930. Oral and documentary evidence was adduced. It appears that the petitioner, Guy V. Hyland, is married, and maintains a comfortable home at Sacramento; that Mr. and Sirs. Hyland had known the minor for many years while she lived in the Pomin home; that at the time of the death of Mrs. Pomin, Sirs. Hyland was requested by her to care for the minor child, which she promised to do; that upon the death of Blwood Pomin, the petitioner and his wife without opposition immediately took the child with them and maintained and cared for her in their home as their own child; that the child has no estate or property. Mae was called to the witness-stand and testified that she had been well and kindly treated by the petitioner and his wife, and that she was happy and contented there and wished to remain with them.