Guardianship of Kirkman

[689]

ANGELLOTTI, J.

One Vaughn was appointed guardian of the estate of George W. Goodyear Kirkman, a minor, when said minor was under the age of fourteen years. At the same time a Mrs. Kirk was appointed guardian of his person. Four years thereafter, when the minor had attained the age of seventeen years, Mrs. Kirk resigned as guardian of the person of the minor, and her resignation was accepted by the court and her accounts settled. The' minor then nominated in writing Albert Laurence Johnson as the guardian of his person and estate, and Johnson presented to the superior court his petition for appointment as such guardian. After hearing, the court denied Johnson’s petition

in toto,

and the latter appeals from the order of denial.

There is no merit in the claim that Johnson is not a “party aggrieved” within the meaning of that term as the same is used in our statutes relative to appeals. He was an applicant for letters of guardianship, claiming as matter of right to be personally entitled to such letters by virtue of the nomination of a minor over fourteen years of age, and the statute gives an appeal from an “order . . . refusing to grant . . . letters . . . of guardianship.” (Code Civ. Proc., sec. 963, subd. 3.) We are not here concerned with the question whether or not the minor might also appeal.

Section 1750 of the Code of Civil Procedure provides that “when a guardian has been appointed by the court for a minor under the age of fourteen years, the minor, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court.” We are of the opinion that when this section is read in connection with sections 1748 and 1749 of the Code of Civil Procedure, it is clear that it means that a minor over fourteen years of age has the absolute right to replace the guardian appointed by the court when he was under fourteen years of age, with one of his own selection, provided always that the person selected by him is, in the estimation of the court, a suitable or proper person. The latter sections prescribe the rules for an original application for letters of guardianship. If the minor is under the age of fourteen years, the court may nominate and appoint his guardian. “If he is fourteen years of age, he may nominate his own guardian, who, if approved by the court, must be appointed accordingly. ’ ’ If the nominee of the minor over fourteen years of age “is not approved by the court, ... or if,