Bowers v. Stubblefield

WOOD, J. This is an appeal from an order of the probate court denying appellant’s petition in which she asks the court to direct the payment of $150 per month from the estate of Homer Sager, deceased, to petitioner as the guardian of the person and estate of Clara Sager, an incompetent person.

Homer Sager died on January 4, 1940, leaving a will by which he left all of his estate in trust, the income, and if necessary the corpus of the estate, to be used for the support [593]of his incompetent sister, Clara Sager, and upon her death to vest in certain named persons. In the third paragraph of the will it is provided that $250 per month be paid to Clara Sager for her support during the administration of the estate, the payments to begin on the date of the testator’s death and to continue until the final distribution of the estate to the trustees. The fifth paragraph of the will is as follows:

‘11 further declare that my sister is now of the age of seventy years and is in constant need of the care and attention of some suitable person, and in order that my said sister may have the proper care and attention of such person I hereby nominate and appoint Maude Bowers as Guardian of the person and estate of my said sister, Clara Sager, and request that she at all times care for and maintain my sister in the homeplaee at 930 Pacific Avenue, Long Beach, California, and that during her guardianship my sister be permitted either to have Maude Bowers look after her personally or to select some other person to care for her, it being my desire that my sister’s wishes be respected at all times as to the person who shall look after her personal affairs. It is my request and I hereby direct that my said Executors and Trustees shall pay to the said Maude Bowers for her services as such Guardian such sum as the Court may declare reasonable, said Maude Bowers to reside at all times with my sister at 930 Pacific Avenue, Long Beach, California, after my death, and if she is unable to do so, her guardianship shall cease and my Trustees hereinafter mentioned shall appoint a new Guardian for my said sister.”

All of the affairs of the estate have been settled, the final account and petition for distribution showing a net estate of $73,803.12. The sum of $250 per month has been paid to Clara Sager as directed in the third paragraph of the will. Clara Sager and Maude Bowers, the appellant, have since the death of Homer Sager been residing at his residence at 930 Pacific Avenue in Long Beach. On February 13, 1940, appellant was regularly appointed guardian of the person and estate of Clara Sager and by order of the court made in the guardianship proceeding has received the sum of $150 per month for her services as guardian beginning with the date of her appointment. In her petition appellant asks the court that “the executor and executrix be ordered to pay to your petitioner as the said guardian of the person and estate of