Sakurai

On petition for writ of mandate. It is conceded by respondents that prior to the sixteenth day of August, 1923, it was lawful for the superior court in a proper case to appoint as guardian of an estate any suitable person, notwithstanding that such person was ineligible to citizenship in the United States. Section 1751a of the Code of Civil Procedure was added to that code by an amendment which became effective August 16, 1923. (Stats. 1923, p. 584.) That section provides that “no person ineligible to citizenship in the United States . . . may be appointed guardian of any estate which consists in whole or in part of real property.”

On the eighth day of August, 1923, pursuant to proceedings leading thereto in due form, the superior court of Los Angeles County made and entered in its minutes an order that T. Sakurai be appointed guardian of the estate of Mary Sakurai, and that letters of guardianship be issued accordingly upon his taking the oath as required by law and giving bond to said minor in the sum of one thousand dollars. The said Mary Sakurai is a minor child born of Japanese parents in the state of California, and is the owner of real property situate in the county of Los…