Matter of Coburn

The superior court of the county of San Mateo having entered a judgment or order appointing M. J. Hynes guardian of the person and estate of Loren Coburn on the ground of incompetency, the alleged incompetent appeals from the judgment and from an order denying his motion for a new trial.

The proceeding was instituted in February, 1908, when Azro A. Coburn, nephew of Loren, filed a petition averring the incompetency of his uncle and praying for the appointment of a guardian. Upon a trial, the court found in favor of the allegations of the petition, and appointed Carl Coburn, the adopted son of a brother of Loren Coburn,' guardian of the latter’s person and estate. An appeal prosecuted by the alleged incompetent resulted in a reversal by the district court of appeal for the first appellate district of the order appointing a guardian. (In re Coburn, 11 Cal. App. 621 , [ 105 Pac. 924 ].)

The present appeals are based upon the result of a second trial of the same issues.

Before proceeding to a discussion of other questions, it may be well to dispose of the appellant’s contention that certain views expressed by Cooper, P. J., in his opinion filed on the first appeal are to be given…