Engelhardt

Engelhardt v. Superior Court

Good Law
1928 Cal. App. LEXIS 696·93 Cal. App. 320·269 P. 758
Court of Appeal of CaliforniaJuly 27, 1928Docket No. 6424.California1,074 words

Opinion

Lead Opinion

Sturtevant, J.

This is an application for a writ of review. The petitioner is attacking an order made by the trial court appointing a guardian of the estate of the petitioner, an alleged incompetent person of the age of seventy-nine years.

In her points and authorities the petitioner devotes much time in arguing that she has adopted the correct procedure. We think that she has. (Grinbaum v. Superior Court, 192 Cal. 528 [ 221 Pac. 635 ].)

The gravamen of her complaint is that the trial court exceeded its jurisdiction when, under the facts, it made any order except to dismiss the application. This point rests on the claim that this petitioner was a resident of Alameda County at the time the order complained of was made in the city and county of San Francisco. The petitioner contends that the petition for letters should have alleged that the ward was a resident of San Francisco and that such fact should have been sustained by the evidence. She claims the petition contained no allegation regarding her residence, that no evidence was adduced on the subject, and that the trial court therefore exceeded its jurisdiction.

The evidence taken in the trial court on the hearing of the application for…

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