Estate of Towson

This is an appeal from an order appointing a guardian of the person and estate of an alleged incompetent person under the provisions of section 1763 of the Code of Civil Procedure. It is contended the evidence fails to support the findings of incompetency.

Upon petition of a brother of Allen Towson, the Bank of America National Trust & Savings Association was appointed guardian of his person and estate. The court found that the alleged incompetent person is “unable, unassisted to properly manage and take care of his property, and by reason thereof is likely to be deceived and imposed upon by artful or designing persons, and is mentally incompetent to manage his said estate”.

The appellant is a farmer who resides at Vacaville. He is sixty-five years of age and a widower. His wife died about a year prior to the filing of the petition in the present proceeding. He has two brothers and a sister living near Vacaville. He was possessed of real and personal property of the approximate value of $10,000. “He had been very methodical in his habits, very conservative, with reference to money.” During the last illness of his wife, in the fall of 1929, for the first time he met a practical…