Ex Parte Kelley, Jr.

The petitioner, a resident of Alameda County, is the surviving parent of Franklin B. Kelley, Jr., a minor, The following facts are disclosed by the record;

Petitioner, Franklin B. Kelley, and the mother of the said minor were lawfully married, and the said minor is the legitimate issue of said marriage.

The mother died September 15, 1914, at which time the child whose custody is here sought was about two and one-half years of age. At the date of the mother’s death petitioner resided with his wife and child in San Francisco. Upon the request and solicitation of George and Cordelia McCabe, maternal grandparents of the minor, who reside at San Luis Obispo, petitioner permitted his child to abide with them from the date of the mother’s death until about June 15, 1921. On September 1, 1916, the McCabes filed their joint application in the superior court of San Luis Obispo County praying for an order appointing George W. McCabe guardian of the person and estate of said minor. In this application it was alleged that the minor child was in the custody of George W. McCabe. An order of arrest was prayed for, and the transfer of the custody of the minor from George to Cordelia McCabe was…