In Re the Guardianship of Lee

HENSHAW, J.

The petition of Lillian P. Christal for letters of guardianship of the person of Raymond Monroe Lee, a minor, was opposed by Eva Eugenia Lee, the mother of the minor. The facts disclosed are that Lillian P. Christal is married and living with her husband. They are childless. Lillian P. Christal is the paternal aunt of the infant who, at the time of the institution of these proceedings, was about eight months of age. The father joins in or assents to the application of his married sister. The child when an infant of a few weeks of age was delivered by its mother into the care of Lillian P. Christal and by that mother was practically abandoned. At that time the child was sick well nigh unto death and through the care of Lillian P. Christal under medical advice the health of the infant was restored. It was dying of malnutrition through the ignorance and heedlessness of its mother during the brief time she had charge of it. Lillian P. Christal is in all respects a fit and competent person to be appointed guardian. Upon the other hand, Eva Eugenia Lee is a young woman of dissolute habits and immoral life. Her indifference to and neglect of her offspring may be excused only to the extent that she knew that it was in tender and

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loving hands. All these matters plainly appear from the evidence and from the declarations of the judge. Yet, expressing the view that perhaps an award of the temporary custody of the child to the mother might work that mother’s reformation, the court entered a decree awarding to Eva Eugenia Lee “the temporary custody of said minor by way of probation” and “that said Eva Eugenia Lee have, and she is hereby awarded the custody and control of said minor while and as long as she prove herself worthy and discharge faithfully her duties as guardian and mother of said minor” and “that in the event that said Eva Eugenia Lee does not prove herself worthy to have the custody and control of said minor, said minor shall be taken from said Eva Eugenia Lee and its custody and control awarded to said petitioner Lillian Christal”; “that said Eva Eugenia Lee be, and she is hereby appointed guardian

pro tempore

of said minor,” and finally, “that the proceedings herein be continued for one month, and that the proceedings be further continued from time to time pending the probation of said Eva Eugenia Lee.”