In re Estate of Raynor

Sharpstein, J. This appeal is from an order of the superior court of Alameda County, revoking the appointment of E. H. Clarke as guardian of said minor.

The record shows that on March 6,1880, the superior court of the city and county of San Francisco duly appointed one B. W. Owens guardian of the person and estate of said minor, and said Owens remained such guardian until February, 1883, when he was removed therefrom by an order of said court. But he continued to exercise the functions of guardian of said minor until October, 1884, when he, said Owens, died. Prior to his death, to wit, on the 1st of April, 1883, said Owens removed from the city and county of San Francisco to the town of Alameda, in the county of Alameda, where he fixed and established his residence, and continued to reside until he died. Said minor went with Owens from San Francisco to Alameda, and resided in the family of said Owens, at Alameda, so long as said Owens lived. After the death of Owens, said minor lived in the family of appellant, in the house occupied by Owens before and at the time of his death. Immediately after the death of Owens, appellant applied for and obtained from the [423]superior court of Alameda County letters of guardianship of said minor. Afterward, on the 24th of November, 1884, William M. Raynor filed a petition in the superior court of Alameda County praying to have the order appointing said Clarke guardian as aforesaid revoked on three grounds: —

1. That said Clarke is not a relation of said minor, and is an unsuitable person to be appointed as such guardian, in that said Clarke has not the personal integrity and moral character to fit him for such guardian.

2. That ever since the death of the father of said minor, and at the time of the .appointment of said Clarke, said minor was under the jurisdiction, care, and control of the superior court of the city and county of San Francisco.

3. That- the petitioner had applied to the superior court of the city and county of San Francisco to be appointed guardian of said minor.

To that petition Clarke filed an answer, in which, among other things, he denied the allegation of his want of personal integrity and moral character to qúalify him for the guardianship of said minor.

The petitioner offered evidence tending to show that Clarke was not a suitable person for such guardianship, and rested. Thereupon Clarke introduced evidence showing that the minor was being carefully and properly cared for, educated, and reared, and tending to show that Clarke was a suitable person to be guardian of said minor, and rested. The petitioner then called witnesses in rebuttal, and was proceeding to examine them when the judge announced that he would hold and decide that the superior court of the city and county of San Francisco, having once acquired jurisdiction of the matter of the guardianship of the person of said minor, never lost it, and that the superior court of Alameda County never acquired jurisdiction of the matter, and made an order revoking the letters before issued to said Clarke, on the