In re the Guardianship of Vance

Good Law
1891 Cal. LEXIS 1197·92 Cal. 195·28 P. 229
Supreme Court of CaliforniaDecember 9, 1891No. 14329California1,135 words

Opinion

Lead Opinion

Belcher, J.

On the 14th of October, 1890, Mrs. Mary L. P. Mountjoy filed in the superior court of Sonoma County her petition praying that she be appointed guardian of the persons of Bobbin and Stewart Vance. She stated in the petition that Bobbin was a little girl about eight years old, and Stewart a little boy about five years old; that they were the children of John B. Vance and Louise F. Vance, but that the mother was dead; that she was the grandmother of the children, and that they had been living with her at Santa Bosa, Sonoma County, and in her care and custody, for several years; and that the father was not a fit or proper person to have the care and custody of them.

The father filed an answer to the petition, and denied that he was not a fit and proper person to have the care and custody of the children; denied that it was necessary that a guardian of the persons of the children should be appointed, inasmuch as he was their legal guardian; and alleged that the children were then, and had been since prior to the filing of the petition, inhabitants and residents of the city and county of San Francisco.

After a hearing, the court found, among other things, that the children had been…

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