Hartman

Hartman v. Moller

Good Law
1929 Cal. App. LEXIS 382·99 Cal. App. 57·277 P. 875
Court of Appeal of CaliforniaMay 20, 1929Docket No. 6661.California349 words

Opinion

Lead Opinion

Koford, J.

This is an appeal from an order appointing a guardian of the person of Violet Hartman, a minor child nine years of age.

When about six months old her father, the appellant, and her mother were divorced. Her mother was awarded the decree upon the ground of extreme cruelty and she was awarded to the custody of her mother, her father being ordered by the decree to pay a monthly sum for her support. During the years that followed she was left by her mother mostly in the care of her aunt, Margaret Holier, the respondent. Her mother died in May, 1925, and since that time Violet has remained with respondent.

.Respondent filed a petition for letters of guardianship in August of the same year. Appellant also filed a similar petition a few days later and the two petitions were heard together. The court made an order appointing respondent guardian without expressly denying appellant’s petition for letters. Findings of fact were made in some detail to the effect that it was for the best interests of the minor that respondent be appointed her guardian. There is no finding, however, that appellant is incompetent nor an unfit and improper person to have the guardianship of his daughter. The…

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