In re Estate of Mathews

This is an appeal by the mother of Gerald Mathews, a minor, from an order'appointing one Warren A. Rouse guardian of his person and estate. The minor was born January 28, 1906, and has been in the family of Warren A. Rouse and his wife, Carrie E. Rouse, for over seven years. It is not questioned that the Rouses are in all respects competent to properly care for him, or that he is being given a comfortable home with them and being raised as one of their own children. The application of Rouse for appointment alleged that the father of said minor is either dead or has abandoned the child, and that the mother is an unfit and improper person to have his custody. The trial court found that the father of the minor is dead, and that the mother “is an *27 unfit, incompetent and improper person to have the care, custody or control of the said Gerald Mathews,” and “that the interest, welfare and safety and happiness of said minor . . . will be promoted by” the appointment of Bouse.

It is well settled that, under the provisions of section 1751 of the Code of Civil Procedure, the father or mother of a minor child under the age of fourteen years, if found by the court competent to discharge…