[1] Adoption—Statutory Proceeding.—The proceeding of adoption exists in this state only by virtue of the statute which expressly prescribes the conditions under which adoption may be legally effected.

[2] Id.—Construction op Adoption Laws.—Wherever possible, such a construction should he given adoption laws as will sustain, rather than defeat, the object they have in view.

[3] Id.—Child Under Guardianship—Eight op Adoption.—A minor child may be adopted even though he is, at the time of the adoption, in the custody of a guardian.

[4] Id.—Consent op Guardian Unnecessary.—The consent of a guardian of a minor is not necessary to the validity of an order of adoption.

[5] Id.—Consent to Adoption—Bule.—Where the parents of a minor are not living or for some recognized reason their consent is unnecessary, and where the minor has not been in the custody of any of the institutions mentioned in the statutes, no consent to the adoption is required on behalf of the child, if under twelve years of age, other than that of the court granting the adoption.

[6] Id—Adoption op Minor—Revocation op. Letters op Guardianship.—In view of subdivision 8 of section 253 of the Civil Code, which provides that a guardian may be removed by the superior court when it is no longer proper that the ward should be under guardianship, the adoption of a minor under guardianship constitutes a valid cause for the revocation of the letters as to his person.

[7] Id.—Continuance op Guardianship op Estate—Power op court. A court has the power in the exercise of a sound discretion to place the custody of a child under guardianship in the adopting parents and to permit the guardian to continue to act as guardian of the child’s estate.

5. Consent of parents as prerequisite to adoption, note, Ann. Cas. 1914A, 221.