Ricci v. Superior Court

STURTEVANT, J.

This is an application for a writ of review. Heretofore Mary E. Lackey filed an application to be appointed guardian of the person and estate of Giorgio Bicci, a minor. After certain proceedings had, the court granted the application, and thereafter the minor’s mother and father commenced this proceeding to obtain a judgment annulling the order appointing Mary E. Lackey as such guardian. In their petition the petitioners allege that they are husband and wife and that, at all times mentioned, they resided in the county of San Mateo, and that they are the parents of the said minor; that on the nineteenth day of November, 1928, Mary E. Lackey applied for letters of guardianship, which were granted upon her giving a bond in the sum of $500, and that thereupon she executed the bond; that no notice was given to petitioners of said application; that they had no notice thereof and did not learn of the fact until the sixth day of February, 1930, and that at that time the time to appeal had expired; that on the twenty-first day of February, 1929, the respondent court made an order- giving Mary E. Lackey permission to fix the residence of said minor in the state of New York, and that thereafter Mary E. Lackey took said minor to the state of New York and said minor is now residing in said state. Continuing, the pleader pleads

in haeo verba

the written application of Mary E. Lackey to be appointed guardian,

[397]

the order appointing her guardian and “the transcript of evidence at the hearing of said application.” In the application for appointment as guardian the applicant pleaded

in haec verba

a relinquishment, which had been duly acknowledged, and is as follows:

“We, the undersigned, Peter Rich and Emma Johanna Rich, father and mother, respectively, of George Rich, also-known as George Ricci, a minor, of the age of about six (6) years, do hereby relinquish any and all rights which either of us may have to the guardianship of the person and estate of said George Rich, also known as George Ricci, as natural guardians, and any and all rights which either of us may have to be appointed as guardian of the person and/or estate of said George Rich, also known as George Ricci, and consent to and request the appointment of Mary Elizabeth Lackey as guardian of the person and estate of said George Rich, also known as George Ricci, a minor, hereby waiving all notice of the hearing and of the time of the hearing of the petition of said Mary Elizabeth Lackey for appointment as guardian of the person and estate of said George Rich, also known as George Ricci, a minor.”