Appling v. Des Granges

BARNARD, J.

Katherine des Granges was declared insane hy the County Court of Brown County, Wisconsin, on October 12, 1911. Thereafter, in a proceeding in the Superior Court of Orange County, California, the appellant herein was appointed guardian of the person and estate of said Katherine des Granges, and is still acting as such guardian. On July 1, 1926, the County Court of Brown County, Wisconsin, entered a judgment and decree declaring Katherine des Granges to be sane. Thereafter the respondent herein, as friend and attorney for said Katherine des Granges, filed a petition alleging that the said Katherine des Granges is now sane and competent, and praying that the court order an investigation into her mental condition,

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to the end that she be restored to capacity. The cause went to trial upon the issues presented by this petition and an answer thereto. Judgment was entered in favor of the petitioner, and the guardian has appealed.

The court found “that the said Katherine des Granges is now sane and of sound mind and fully capable of caring for herself and managing her property.” The only question involved in this appeal is whether or not the evidence sustains this finding. The ward was not present at the hearing, being then in the state of Wisconsin, and all of the evidence introduced by the petitioner was in the form of depositions. The respondent sets forth in his brief, his own summary of the evidence introduced, and relied on as being sufficient to sustain the finding in question,, as follows:

“Summarized the Witnesses Testify as Follows:

“1. Dr. A. 0. Olmsted—‘She is sane.’

“2. Dr R. M. Burden—‘She appeared to be normal. Is sane. ’

“3. Lorraine Ross, Nurse—‘She was exceptionally bright. Is sane.’

“4. Dora Brown—‘She was sane.’

“5. Arthur Brown—‘She was well enough to be paroled. She is sane. She is all right. ’