In Re Guardianship of Imperatrice

[356]

KERRIGAN, J.,

pro

tem.

—This is an appeal from an order denying .the petition of Rosa Conte for the revocation of an order theretofore made appointing one Beulah E. Miller guardian of the persons and estates of certain minor children.

In her petition the appellant, Rosa Conte, alleges that she is the mother of the three children therein named, and that their father, her former hpsband, is now deceased; that the latter left a small estate in" which each of said children is entitled to share; that on the twenty-seventh day of March, 1918, the appellant was declared incompetent and committed to the Stockton State Hospital, where she remained as an inmate until the seventeenth day of March, 1919, when she was, by a certificate duly issued, restored to capacity; that the day after she was so restored to competency Beulah E. Miller, the respondent, after a hearing; was regularly appointed guardian of the persons and estates of said children. Upon these allegations the petitioner prayed that said order appointing respondent such guardian be rescinded and annulled, and that the said children be returned to her as" their mother entitled to their custody.

The respondent, answering the said petition, admitted that the minors are the children of appellant, who was declared incompetent and later, as alleged, restored to capacity, and that she, the respondent, was appointed guardian of said minors. Continuing, said respondent alleged that the appellant is not a fit or proper person to have the care and control of said children; that her present husband is not a proper person to assist in the instruction or care of said children, and that if appellant should be given their care and custody and the control of their property, the latter, on account of appellant’s incompetency and inability to care therefor, would come into the control of her said husband, who would improperly expend and waste it. She further alleged that she is experienced in the care and handling of children, and that in the exercise of the authority theretofore conferred upon her she had placed said children in proper' homes with good environment, where they will receive proper care and education. She therefore prayed that ■her said letters of guardianship be not revoked.