Naccarato

We have an appeal from an order in the matter of the estate and guardianship of John Daniel Naccarato and Timothy Edward Naccarato, minors, denying the petition of John P. Naccarato, grandfather of the minors, and their guardian ad litem in the proceeding, for the removal as guardian of the estates of the minors, James G. Bell, who is the stepfather of the minors, having married their mother after the death of their father. The order appealed from also denied the petition of the grandfather for appointment of a corporate guardian of the estates in the event Mr. Bell should be removed.

It was alleged in the petition that the guardian receives monthly for the benefit of each minor $61.53 as a pension from the city of Los Angeles and the further sum as Social Security benefits $47.51 and that the guardian is authorized under order of court to use from the assets of the guardianship $105.93 monthly for their support, maintenance and education, commencing February 27, 1958. The guardian was appointed January 5, 1959. It was then alleged that Mr. Bell does not in fact expend $105.93 monthly for the benefit of the minors but diverts a substantial part of the minors’ pension income to…