In Re Estate of Towson

THOMPSON (R. L.), J.

This is an appeal from an order appointing a guardian of the person and estate of an alleged incompetent person under the provisions of section 1763 of the Code of Civil Procedure. It is contended the evidence fails to support the findings of incompetency.

[599]

Upon petition of a brother of Allen Towson, the Bank of America National Trust & Savings Association was appointed guardian of his person and estate. The court found that the alleged incompetent person is “unable, unassisted to properly manage and take care of his property, and by reason thereof is likely to be deceived and imposed upon by artful or designing persons, and is mentally incompetent to manage his said estate”.

The appellant is a farmer who resides at Vacaville. He is sixty-five years of age and a widower. His wife died about a year prior to the filing of the petition in the present proceeding. He has two brothers and a sister living near Vacaville. He was possessed of real and personal property of the approximate value of $10,000. “He had been very methodical in his habits, very conservative, with reference to money.” During the last illness of his wife, in the fall of 1929, for the first time he met a practical nurse by the name of Mrs. Lillie L. Carr Cornelius. Apparently she was much younger than he and was unmarried. She attended the appellant’s wife for two days before her death. Soon thereafter the appellant and Mrs. Cornelius began to associate. She exhibited considerable interest in him. The following fall his prostate gland was affected. He consulted a local physician. About November 8, 1930, he entered the Sutter Hospital at Sacramento, where he remained until January 1st. Under the care of Dr. Hart he was treated at the hospital and finally operated upon for the prostate gland affliction. During the time he was at the hospital he had full hospital care, including two professional nurses a part of the time. Immediately after he left the hospital he went into the home of Mrs. Cornelius at Vacaville, where he remained under her care and supervision for three months. He then became an inmate of the county hospital for a brief period, asserting that he did not have the means to pay for his care and treatment at a private institution. In company with Mrs. Cornelius and a married couple from Vacaville, he visited the Odd Fellows Home for Old Folks, with the purpose of becoming an inmate thereof. This institution is primarily intended for the care of impecunious members of the fraternal organization. In response to an inquiry as to who was seeking to