Guardianship of Taylor

John Tucker bases his application for letters of guardianship upon three grounds:

The testimony shows that Tucker is competent to act as guardian, and that it is for the best interest of the ward that he be appointed. He has not surrendered his right, and it has not been taken away from him by the judgment or order of any court.

Counsel opposing Tucker’s application has referred to a previous order of this court appointing Nathaniel Hunter guardian. He has not expressly urged the proposition that a stranger to a record in judicial proceedings can have his future rights taken away from him; nor has he contended that Tucker was estopped by proceedings of which he had no notice.

He has referred to section 253, Civil Code, and asserts that Hunter could not be removed except for the causes therein mentioned. It is unnecessary to cite authorities that all sections of the code must be read together, and that all must stand if possible.

By the construction contended for, if parents should be absent from the state temporarily and leave their children with friends, and such friends should procure letters of guardianship, the letters could not be revoked on the ground of the superior…