In Re Dahnke

This is an appeal hy Henry Dahnke, the father of Esther Dahnke, a female minor of the age of ten years, from an order made by the superior court for Orange County on March 8, 1923, vacating an order previously made by that court appointing appellant guardian of the person and estate of the minor. The order appealed from was made upon the motion of Selma Dahnke Wichman, who is appellant’s divorced wife and the mother of the minor, the principal ground of her motion being that the court was without jurisdiction to make the order by which the father had been appointed guardian of their child.

The facts are substantially as follows: Appellant filed a petition for letters of guardianship on August 14, 1922, wherein he stated that the minor was under his care and custody, and that the only relatives residing in the county were himself, the minor’s grandparents and an aunt. The father’s petition made no mention of the minor’s mother, petitioner’s divorced wife. Upon the filing of the petition the court made an order directing that notice be given to each of the grandparents and to the aunt by a citation requiring each of them to show cause, on September 1, 1922, why the petitioner…