Estate of McSwain

Craycroft v. McSwain

Good Law
176 Cal. 287·1917 Cal. LEXIS 514·168 P. 117
Supreme Court of CaliforniaOctober 11, 1917S. F. No. 8138. Department One.California564 words

Opinion

Lead Opinion

Shaw, J.

Harry J. Craycroft filed a petition for letters of guardianship of the estate and person of Annie Irene McSwain, a minor then over the age of sixteen years. The application was opposed by Susie McSwain, the mother of the child. The court overruled the objections and made the appointment as prayed for. From this order the mother appeals.

There is no dispute in this court, arid there was none in the court below, as to the propriety of the order appointing a guardian of the estate of the minor. She was the owner of an undivided one-half interest in property of the value of some thirty thousand dollars, which required the attention of a guardian and made such appointment proper, if not necessary. Being over sixteen years of age, the minor had the right to nominate her guardian, and such nominee, if approved by the court, must be appointed. (Code Civ. Proe., see. 1748.) The minor nominated Craycroft to be the guard ian of her person and estate, and the court approved the nomination. His appointment as guardian of the estate was therefore imperative. (In re Kirkman, 168 Cal. 688 , [ 144 Pac. 745 ]; Estate of Meiklejolm, 171 Cal. 247 , [ 152 Pac. 734 ].)

The only objection here made is…

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