Mathias

Mathias v. Bank of America

Good Law
1968 Cal. App. LEXIS 2433·258 Cal. App. 2d 458·65 Cal. Rptr. 831
Court of Appeal of CaliforniaJanuary 31, 1968Civ. No. 31811California2,093 words

Opinion

Lead Opinion

Fleming, J.

Bank of America, as administrator and former conservator of the estate of Kate Moore, appeals an order directing it to pay respondents specified compensation *460 for services rendered the conservatee. The order to pay came about as follows: In October 1965 Dr. Eugene P. Mathias as friend and personal physician of Kate Moore petitioned for his appointment as guardian of her person and for the appointment of Bank of America as guardian of her estate. According to his petition Kate Moore was between the age of 85 and 89, had suffered a stroke that month, and was unable to take care of herself or her property. Her nearest living relative appears to have been a grandniece in England. In November 1965 Moses and Yvonne Rogers petitioned for appointment as conservators of Mrs. Moore’s person and estate, representing that in so doing they were acting in harmony with the wishes of Mrs. Moore. The two petitions were consolidated and heard together. After six days of hearings Moses Rogers was appointed conservator of Mrs. Moore’s person, and Bank of America conservator of her estate. The petition for appointment of a guardian was denied.

Thereafter a motion was filed by Dr. Mathias’…

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