In Re Pozzo

This appeal is from an order in a much-litigated contest between the mother, Carmen Pozzo, respondent herein, and uncle, Frank Pozzo, appellant herein, of two adult incompetent persons, .as to which should be appointed their guardian, one phase of which has already been before the other division of this court in In re Pozzo, 104 Cal. App. 11 [ 285 Pac. 330 ].

A clear understanding of the questions involved on this appeal requires a somewhat detailed recital of many of the proceedings heretofore taken in this matter. Appellant Frank Pozzo originally filed in the Superior Court in Santa Clara County a petition praying to be appointed guardian of the two incompetents and on August 17, 1928, an order was made appointing Frank Pozzo such guardian. On January 22, 1929, respondent Carmen Pozzo, having 'previously filed a petition asking that she be appointed guardian of such incompetents, filed a notice of motion to set aside the order appointing Frank Pozzo their guardian on the ground that the court had no jurisdiction to appoint Frank Pozzo. The superior court upon such motion made an order vacating the order appointing Frank Pozzo guardian, which order was reversed in In re Pozzo,…