In Re Hawkins

Petition by John T. Merritt for letters of guardianship of the person of Helen Anthony Hawkins, a minor. The petition was granted. George W. Hawkins, the father of the minor, contested the petition, and has taken two appeals—one from the order appointing petitioner guardian, and the other from the decree that letters of guardian ship issue to him. The record of the appeals is presented under the alternative method.

Helen Anthony Hawkins is the only child of appellant and Ethel A. Hawkins, the deceased daughter of respondent. The minor was born in 1913. Her father and mother were married in 1905, and for at least one year prior to March 22, 1917, were living in Arizona. On the last-mentioned date Mrs. Hawkins obtained a final decree of divorce from appellant, the validity of which is not questioned. By this decree the custody of the little girl was awarded to the mother, with whom the child lived until October 14, 1918, when the former died. Within a few days thereafter petitioner caused the minor to be brought to his home in Petaluma, Sonoma County, and on October 24th he filed this petition in the superior court for that county, setting forth that the minor was a resident…