In Re Bensfield

The facts, as shown by the evidence, are as follows:

Early in January, 1929, appellant and his wife were living in San Diego. The wife was subject to epileptic spells, and because of her ill health, her brother, H. C. Lynn, husband of respondent, brought them to San Bernardino, took them into his home, and gave appellant employment as an automobile salesman. Thereafter, on January 29, 1929, the minor, Lyda Lynn Bensfield, was born, and on February 20, 1929, the mother died. The child was a weakling and needed especial care. The respondent, with the consent of appellant, took charge of the infant and, under the advice of a child specialist, fed the baby partially from her own breast and partially on a special formula of prepared food. Under the care given, the child had come up to normal weight. For nearly two months after the birth of the child the appellant made his home with respondent and her family. Difficulties having arisen over the alleged conduct of appellant, he left respondent’s home, His demand for the possession of the child was refused. Respondent filed this action, asking to be appointed guardian of the child, alleging that to remove the child from her care and…