Matter of Forrester

The respondent, Annie I Wollam, applied for appointment as guardian of the person of the minor above named. The petitioner was the maternal grandmother of the minor, the mother being dead. The amended petition of respondent alleged that appellant, the father of the minor, was not a fit and proper person to be appointed guardian, and was- incompetent to act as such. Appellant answered, denying his incompetency, and asking that he be appointed guardian.

The court below found as facts that the minor was, and had been for fifteen months prior to the commencement of the proceeding, under the care of and solely supported by respondent and her husband; and that appellant, having the ability so to do, had willfully failed and neglected to maintain said minor and to provide her with the common necessaries of life. From these facts it drew the conclusion of law that the appellant is not a fit and proper person to be appointed guardian of said minor child, and is incompetent to act as such. Judgment was accordingly entered directing that letters be issued to respondent. The contestant, Coover W. Forrester, appeals from this judgment.

The minor was of the age of nineteen months when this…