Burns

Burns v. Superior Court

Good Law
1942 Cal. LEXIS 253·20 Cal. 2d 129·124 P.2d 15
Supreme Court of CaliforniaApril 2, 1942S. F. No. 16643California1,528 words

Opinion

Lead Opinion

Shenk, J.

This is a proceeding in mandamus to compel the respondent superior court to set aside an order thereto *130 fore made by it “revoking” letters of guardianship of the person and estate of Mary O’Connor, duly issued to her brother Joseph P. Donahue.

Joseph P. Donahue was appointed guardian of the person and estate of Mary O’Connor, an incompetent, on May 21, 1930. He filed a bond in the sum of $17,000, executed by the Massachusetts Bonding & Insurance Company as surety. The estate was valued at $60,567.98. He filed four annual accounts and a final account. During the guardianship proceedings he converted to his own use property belonging to the incompetent. (Guardianship of O’Connor, 28 Cal. App. (2d) 527 [ 83 P. (2d) 65 ].) On June 29, 1935, he filed a petition praying that Mary O’Connor be restored to compétency. The court granted the petition and on July 16, 1935, ordered that “said Mary O’Connor be, and she is hereby, restored to capacity, and that the guardianship of said Mary O’Connor cease.” The court also included in the order the following: “that the order heretofore made appointing Joseph P. Donahue guardian of the person and estate of said Mary O’Connor be, and is hereby…

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