Casamello v. Hamman

FOX, P. J. — In this guardianship proceeding Lowell Chandler, the father of the ward, and Louise Casamello, the child’s maternal grandmother, filed separate petitions for the revocation, inter alia, of letters of guardianship that had been granted to respondents over the person and estate of George Ernest Chandler, a minor. The trial court refused to grant any relief on either petition. As a consequence, both petitioners have appealed.

Chandler married Doris, the child’s mother, in the summer of 1949. George was born in August, 1955. A few weeks thereafter the parents separated, the child remaining with the mother. Subsequently Doris and the child took up residence with one Todd Carey. In approximately September, 1956, Doris entrusted George’s custody to her mother, Mrs. Casamello. He remained with her until March 28,1957, when Doris picked him up and placed him in the care of respondents, Mr. and Mrs. Hamman, with whom she had recently become acquainted through Carey. Soon after this incident Mrs. Casamello filed a petition to be appointed guardian of the child. The Hammans countered with a petition for letters of guardianship on their own behalf. The conflicting petitions [609]were heard by Judge Evans. In August, 1957, he granted the petition of the Hammans and denied the petition of Mrs. Casamello. Chandler was not given notice of this hearing because his residence was unknown.

The present petitions of Chandler and Mrs. Casamello for the revocation of the letters of guardianship that had been issued to the Hammans were filed in April, 1958. Each petitioner sought his or her own appointment as guardian, or, in the alternative, the appointment of such petitioner’s nominee.

At the hearing petitioners nominated Mr. and Mrs. Carl Mazurik. The evidence indicates that the Mazuriks are entirely fit and proper persons for such a responsibility and situated so that they could adequately provide for the child. They are of the Catholic faith—the same as that of Mrs. Casamello and Doris, who, however, testified that she ceased to be a practicing Catholic about the time her marriage with Chandler broke up and that “I don’t particularly wish to consider myself a member of the Catholic Church.” She further testified that the possibility of George being brought up in other than the Catholic religion “would not cause me concern.” The father is not a Catholic but stated he had promised that the child should be brought up in the Catholic faith and wanted to make good his promise.