In re Snowball's Estate

California Supreme Court Aug 30, 1909 No. Sac. No. 1708Published

Before: Sloss

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Holding. The court held that a prior adjudication of a parent's fitness for guardianship is binding in subsequent proceedings, precluding the relitigation of facts that existed and were or could have been determined at the time of the earlier hearing. Furthermore, the court affirmed that temporary absences do not constitute legal abandonment and that a father's testamentary appointment of a guardian without the mother's consent is void.

Issues

Whether the doctrine of res judicata precludes the relitigation of a parent's fitness for guardianship based on facts existing prior to a previous adjudication.
Whether the evidence offered by the appellant was sufficient to establish legal abandonment of the children by the mother.
Whether a father's testamentary appointment of a guardian for his children is valid without the mother's consent.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The doctrine of res adjudicata cannot apply to successive applications for guardianship of minors to the extent of precluding the court, upon the later application, from a consideration of such circumstances as may have occurred since”

“The order of February, 1908, denying appellant’s petition, conclusively determined, therefore, as between the parties, the fitness and competency of the mother at that time.”

Synopsis

Guardianship — Prior Proceedings—Bes Judicata.—Determination of an issue as to the fitness of the mother of certain children to act as their guardian in a prior application for appointment is res judicata on a subsequent application between the same persons, except as to evidence of facts occurring since the former order.

Guardianship.—Where Certain Facts Offered to Prove a Mother’s alleged abandonment of her children, as a defense to her application for guardianship, were insufficient as a matter of law to establish abandonment, objectors to her appointment were not prejudiced by the exclusion of such evidence.

Parent and Child—Abandonment of Children.—In the absence of proof that a mother intended to bring about final separation from her minor children, evidence of mere temporary absences accompanied by statements not indicating an intent to surrender parental rights, and the fact that she placed the children in care of another while she was away, was insufficient to establish abandonment.

Guardianship — Testamentary Appointment — Consent.—Under Oivil Code, section 241, declaring that a guardian of the person or estate of a child may be appointed by a will or deed if the child be legitimate by the father with the written consent of the mother, or by either parent if the other be dead or incapable of consent, a testamentary appointment by the father of a legitimate child having a surviving mother without the mother’s consent is invalid.

Guardianship—Eight to Appointment—Priority.—Code of Civil Procedure, section 1751, gives to the surviving mother of infants a primary right to be appointed their guardian, which should be recognized in the absence of proof compelling a finding of her unfitness.

SLOSS, J. Aldanita Ann Snowball and Carmen Snowball are minor children of Milton S. Snowball, now deceased, and of the respondent Winnette Squires, who, after having been divorced from Milton S. Snowball, was married to Lowell Squires. Each of the children is under fourteen years of age. Milton S. Snowball died in January, 1908, leaving a will, under the terms of which his children were named as beneficiaries. On June 15, -1908, Leutie C. Snowball (sister of Milton S.) filed her petition praying that she be appointed guardian of the persons and estates of the said minors. Mrs. [373]Squires, the mother of the children, filed a petition on her own behalf, in which she asked that she be appointed as guardian of the estate of each of the minors. Both petitions were set for hearing at the same time, and such hearing resulted in an order granting the petition of Winnette Squires and denying that of Leutie C. Snowball. From this order Leutie C. Snowball appeals.

In her pleading the appellant alleged that Winnette Squires was not a fit or proper or competent person to have the care or custody of either of said minor childen. The court found this allegation to be untrue. It appeared that on the 17th of February, 1908, some four months prior to the commencement of the present proceeding, Leutie C. Snowball, the petitioner herein, had filed in the superior court a petition asking that she be appointed guardian of the persons of the said minors. Opposition to this application was filed by Winnette Squires. The matter came on for hearing on the twenty-fourth day of February, 1908, at which time the petitioner amended her petition by inserting an allegation that “Winnette Squires, the mother of the said minors, is incompetent, and not a fit and proper person to act as their guardian.” This allegation was denied by Mrs. Squires, and thereupon, evidence having been introduced, the court made findings to the effect, among other things, that the mother was competent and a fit and proper person to act as guardian of the children, and entered a judgment that the amended petition of Leutie C. Snowball be denied. The proceedings upon this former application having been offered in evidence and shown to the court upon the hearing of the petitions in this proceeding, the court, upon the objection of the respondent, excluded certain testimony offered by the petitioner for the purpose of showing unfitness on the part of the mother. If this ruling had gone so far as to preclude the petitioner from showing, by any character of testimony, the alleged unfitness of Mrs. Squires, it would undoubtedly have been erroneous. The doctrine of res adjudicata cannot apply to successive applications for guardianship of minors to the extent of precluding the court, upon the later application, from a consideration of such circumstances as may have occurred since the rendition of the prior order. If the person appointed guardian should, after appointment, develop or exhibit traits of character indicat

In re Snowball's Estate

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