Estate of Chapman

In Re the Estate of Chapman

Good Law
1926 Cal. LEXIS 344·198 Cal. 145·243 P. 675
Supreme Court of CaliforniaFebruary 10, 1926Docket No. L.A. 8455.California870 words

Opinion

Lead Opinion

Waste, J.

On February 25, 1921, Kate C. Chapman was adjudged by the superior court of the county of Los Angeles to be an incompetent person, and a guardian of her estate was duly appointed. She has now petitioned the same court to be restored to capacity, upon the theory that, since the appointment of her guardian, her mental condition has changed for the better to such an extent that she has become capable of properly managing and preserving her estate. After hearing the evidence the lower court was of the opinion, and found, that Kate C. Chapman is still incompetent and unable, unassisted, to properly manage her property. The petition was accordingly denied. It is from that order that this appeal is taken. The only point raised by the appellant is as to the sufficiency of the evidence to justify the finding of the lower court.

A preliminary objection to the consideration of the appeal is urged by the respondent, who contends that the order below should be affirmed because of the failure of the appellant to comply with the mandatory provision of section 953c of the Code of Civil Procedure, that in filing briefs in an appeal the parties must print in their brief, or in a supplement…

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