In Re Estates of Shannon

PRESTON, J.

This is a controversy between the natural mother and the alleged stepmother of two minor children for appointment as their guardian. The guardianship was awarded to the stepmother. An appeal was thereupon taken from various orders and rulings of the court below, as hereinafter set forth, and the matter is now before us on motion to dismiss the appeal or affirm the order or orders of the court below.

• The mother of the children, Florence Shannon, now Florence Monsees, at the age of sixteen, and in the year 1919,- married the father, James Shannon. Some seven years later she sued him for divorce and on September 13, 1926, was given an interlocutory decree on grounds of mental

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and physical cruelty. The two children of the marriage, Evelyn and Richard, then aged six and five years respectively, were to spend six months of the year with each parent. Shortly after the entry of said interlocutory decree of divorce, and on November 3, 1926, James Shannon married Alta Shannon at Florence, Arizona. Questioning the legality of this ceremony, they were again married on December 23, 1926, at Mexicali, Mexico. Later they established a home in California for the two minor children above mentioned, and for their own daughter Dorothy Jean Shannon. On May 8, 1931, James Shannon was killed in an industrial accident. He left a small estate, which went into the possession of Alta Shannon, as his widow; in addition the Industrial Accident Commission awarded to the three children jointly, upon waiver of any claim of said widow, a death benefit of $5,000, payable to each of them at the rate of $8.33% a week. Meanwhile the first wife had secured her final decree of divorce from James Shannon and on March 22, 1930, had married one Xcl Monsees, who claimed to be willing and able not only to support her, but also to provide a home and an education for said two minor children of her first marriage.

On June 15, 1931, Alta Shannon petitioned to be made guardian of said Evelyn and Richard Shannon, then aged eleven and nine 3rears, respectively. The mother, Florence Monsees, filed an answer and cross-petition. Hearings were had and the court on June 27, 1931, made its order to the effect that said mother was not a fit, proper and competent person to be appointed guardian of said children, but that Alta Shannon was, and letters of guardianship were therefore granted to her as prayed and she was also awarded the payments from said compensation fund for use toward the maintenance and education of the children. In December, 1931, at the time of hearing of the first account current of the guardianship, Florence Monsees again appeared and petitioned for the removal of said guardian, claiming that James Shannon and Alta Shannon were never legally married and that the motive of the latter in winning the children to her side was merely to secure the estate of the father and the payments from said compensation fund; further that said guardian had misused the property and was wasting the estate of the children. Further proceedings were