Guardianship of Van Loan

ANGELLOTTI, J.

This is an appeal by C. Van Loan, the paternal grandfather of Denzil Manila Van Loan, a minor, from an order made by the superior court of Tulare County denying his petition for letters of guardianship of the person of said minor, and dismissing his petition and the proceedings thereunder.

The minor is the same one referred to in the proceeding entitled, “In the Matter of the Guardianship of the Person of Denzil Manila Van Doan, a minor, Sac. No. 1040,”

ante,

p. 423, this day decided.

As appears from the opinion in that matter and from the record on this appeal, letters of guardianship of the person of said minor had been issued by said court to Rachel A. Van Loan, the wife of this appellant, and on November 19, 1901, an order was made on the motion of the mother of the minor vacating the order appointing said Rachel A. Van Loan as such guardian, and the letters issued thereunder, and dismissing the proceedings. Rachel A. Van Loan thereupon duly perfected an appeal from said order to this court, which appeal has been this day decided

{ante,

p. 423). Subsequent to the perfecting of such appeal, petitioner presented and filed his petition for letters of guardianship of the person of said minor. The mother of the minor filed her opposition to the petition of appellant, and denied the allegations thereof as to the necessity for the appointment of a guardian, and alleged the proceedings taken by her to obtain the revocation of the letters issued to Rachel A. Van Loan.

The foregoing facts having been made to appear to the superior court on the hearing of appellant’s petition, the

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court declined to hear any further evidence in the premises or in support of the allegations of the petition, and thereupon made the order appealed from. It was stated in the-order that the court was of the opinion that by reason of the appeal of the former guardian the court had not jurisdiction to hear and determine the matters presented by the petition of appellant, and the order was made for that reason. Appellant excepted to the refusal of the court to hear evidence and to the order.