Aldrich v. Superior Court

McFARLAND, J. This is an original petition for a writ of mandate to he directed to the said respondents, commanding them “to proceed to take testimony, and try, hear, and determine a certain application of said George A. Aldrich, praying for a determination judicially that said applicant is of sound mind, capable of taking care of himself and his property, and for restoration to capacity.”

It appears from the affidavit, answer, and admissions of counsel that in the year 1888, upon proceedings regularly instituted under the provisions of the Political Code concerning insane persons, the said petitioner, Aldrich, ivas, by a judge of the superior court of the county of Alameda, regularly examined [141]and committed to the state insane asylum at hTapa as a person dangerously insane within the meaning of said provisions of ■the Political Code; and that at the time of the commencement of the proceedings in the superior court hereinafter mentioned said Aldrich was not actually confined in said asylum, but had been permitted to leave the same on his parole. It appears further that the father of said petitioner, who is now deceased, had devised certain property to certain trustees, to be held by them in trust for the benefit of said petitioner during his lifetime, subject, however, to the condition that in the event of the restoration of said petitioner to mental soundness and capacity the said trustees should turn over the said property to said petitioner; and it appears incidentally that the main purpose of the proceeding in the superior court hereinafter mentioned is the recovery of said property by petitioner from said trustees.

In March, 1897, the petitioner filed in the superior court, respondent herein, a petition in which he set up the foregoing facts, and in addition the fact that petitioner was then sane and competent; and prayed that the court investigate the matter of the competency of petitioner, and decree that he is of sound mind and competent to manage his affairs. Mistress Barton, a sister of petitioner and his only relative residing in the county, appeared; and said trustees also appeared and filed an answer. The court proceeded with the investigation and heard all the evidence offered by the petitioner. After the petitioner had closed his evidence, said trustees, by their attorney, moved to dismiss the proceeding upon the ground of want of jurisdiction by the court. The court took the motion under advisement, and a few days thereafter made the following order, which was entered upon the minutes: “The above entitled matter coming on this day regularly for further hearing, comes now into court, W. H. Cook, counsel for petitioner, and A. N. Drown, counsel for executors, and after further argument by respective counsel, the court being fully advised in the premises, it is ordered that the said application be and the same is hereby dismissed.” Thereupon the said George A. Aldrich filed his present petition in this court for a writ of mandate as aforesaid.