In Re Estate of Cowper

RICHARDS, J.,

pro tem.

This is a proceeding wherein it was- sought to have a guardian appointed for the estate of Mary Jane Cowper. The petitioner was her sister, Margaret A. Saunders. The petition was opposed by Mary Jane Cowper herself, supported by another sister named Mrs. Julia Brown. The petitioner averred that Mary Jane Cowper was the owner and in possession of certain real and personal property in the city and county of Los Angeles, of considerable value and income; that she was of the age of fifty-two years, unmarried, and for several years last past had been, and then was, in delicate health, and by reason thereof had been, and then was, mentally incompetent to manage or properly take care of her said properties. The petition asked for the appointment of the Title Insurance and Trust Company of Los Angeles as the guardian of her said estate. The opposition to the petition denied its averments as to the ill health or in

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competency of Mary Jane Cowper. The matter came on for hearing before the court upon this single issue on July 25, 1917, the parties supporting and opposing the petition being present in court and respectively represented by able counsel. The hearing occupied three days, during all of which time Mary Jane Cowper was present in court, and during a considerable period on two of said days was upon the witness-stand and was subjected to the observation of the court and to a very careful and thorough examination as to her mental and physical condition. The respective members of the family supporting and opposing the petition were examined at length, as were also numerous witnesses familiar with her life history. After such hearing, observation, and examination, the court took the matter under advisement for some time, after which, and on September 11, 1917, its findings of fact and conclusions of law were filed, wherein the court found “that the said Mary Jane Cowper is not insane, but that she is incompetent because, by reason of weakness of mind, she is unable unassisted to properly manage and take care of her property, and by reason thereof would be likely to be deceived or imposed upon by artful or designing persons.” The court accordingly appointed the Los Angeles Trust and Savings Bank guardian of the estate; and from its order to that effect this appeal has been taken.