In Re Pryor

This is an appeal by Frank D. Pryor, the father of Frank Davis Pryor and Gaillard Stoney Pryor, minors, aged seven and five years respectively, from an order denying his motion to set aside an order appointing respondent, the mother of the children, guardian of their persons and estates, and to permit appellant to file his answer to the petition for letters of guardianship herein.

The facts are substantially as follows: On February 16, 1923, Margaret S. Pryor filed a petition praying for her appointment as guardian of the persons and estates of said minor children. Her petition recited that the children were residents of the city and county of San Francisco and that each of them had a small estate, and that it was necessary that a guardian be appointed. Further recitals were to the effect that Frank D. Pryor, father of the minors, resided in Annapolis, in the state of Maryland, and that he had obtained a divorce from petitioner and that the custody of the children was left with her. She then alleged herself to be a fit and proper person to be appointed guardian, and prayed that her application be granted. Thereupon the court be low made an order fixing the time and place for the…