In Re Tilton

This is an appeal from an order revoking letters of guardianship issued to appellant Ida A. Killey, of the person and estate of Chloe F. Tilton, an incompetent, and appointing petitioner, Louis Hammersmith, such guardian. The petition was filed on January 17, 1910, and on that day the court fixed the hearing for January 31, 1910, on which day the guardian of said incompetent appeared and answered, *Page 246 and embodied therein as part thereof what purports to be her first account as such guardian. At the same time her attorney filed a motion that "the order or citation . . . to show cause why her letters of guardianship in said matter should not be revoked, be quashed and the petition . . . be stricken from the files, and said matter dismissed on the ground that under the alleged facts . . . the court had no jurisdiction to make said order nor issue said citation," and that admitting all the averments of the petition to be true, the court had no authority to revoke the guardian's letters. The evidence is not brought up, and we must, therefore, presume that it supported the findings of the court. There was no demurrer to the petition on the ground of any indefiniteness or…