Grinbaum v. Superior Court

RICHARDS, J.,

pro

tem.

This is an application for a writ of review, wherein it is sought to have a certain order of the superior court of the state of California, in and for the city and county of San Francisco, made and entered on the seventh day of April, 1921, appointing Erna Herrscher guardian of the person of Julie Grinbaum, reviewed and annulled.

The main facts respecting the physical and mental condition of Julie Grinbaum which led up to the institution of the proceeding for the appointment of a guardian of the person of Julie Grinbaum which is herein sought to be reviewed are substantially the same as those fully set forth and- considered in the decision of this court in the

Matter of Julie Grinbaum, etc., ante,

p. 528 [221 Pac. 635].

The petition of Erna A. Herrscher for appointment as guardian of the person of Julie Grinbaum was filed in said superior court on March 9, 1921. It averred that the petitioner was the next and only relative in California and nearest blood relation of Julie Grinbaum; that on the date of the filing of said petition Julie Grinbaum was and for more than forty years prior thereto had been domiciled in and a resident of the city and county of San Francisco, state of California; that Julie Grinbaum was and is at present temporarily without the state of California and is incarcerated in the Bellevue Sanitarium at Kreuzlingen, Switzerland, as, and that she has been and is, an insane person, and that it is necessary that a guardian be appointed of the person of Julie Grinbaum, an insane person. Wherefore the petitioner prays that she be appointed such guardian. Upon the filing of said petition the court made an order setting the hearing

[568]

thereon for April 5, 1921, and directing notice to be given to the Mercantile Trust Company, guardian of the estate of said insane person, by personal citation, and also directing the posting of notices of the time and place of hearing for two weeks prior thereto. The court further set forth in its said order that “it further appearing from said petition and the facts aforesaid that the said petitioner is the only person in the state of California related to said Julie Grinbaum by consanguinity or otherwise, and that said petitioner is the nearest blood relative of Julie Grinbaum, said insane person, and no necessity exists for any other or further notice of the time and place of said hearing, no further notice thereof is hereby directed.” The matter in said application came on for hearing upon the date appointed, whereupon proof was made of the giving of the notices as required by said order and of the facts set forth in said petition, and thereupon said court made its order appointing Ema A. Plerrscher guardian of the person of Julie Grinbaum,. an insane person, which is assailed in this proceeding.