Estate of Emery

This is an appeal from an order terminating the authority and capacity of the guardian ad litem of an incompetent person and dismissing a contest to a codicil.

Eliza H. Emery died testate at the age of 86 years on August 12, 1957. Henry Hubbard Middlecoff and Robert Fitch Middlecoff, her sons and only heirs at law, survived her. Henry is the executor and respondent herein, as well as the general guardian of Robert, an incompetent person. Eliza H. Emery's will dated April 25, 1952, disposed of the residue of her estate, one-half to Henry and one-half to the Stockton Savings & Loan Bank, in trust, for Robert. On January 8, 1956, she added a codicil to her will which disposed of the residue of her estate, one-half to Henry and one-half to Henry as primary trustee, or to contingent trustees, in trust, with discretion to pay to the guardian of Robert "such sums as said trustee or said trustees deem necessary and adequate for the care, support and maintenance of my said son, Robert Fitch Middlecoff, in the manner and station of life to which he has become accustomed," with a provision that the excess income, if any, be paid to Henry Hubbard Middlecoff, as trustee, or to the…