In re Estate of Lynch

The facts set forth in the petitions of Eugene J. Lynch and C. S. Benedict, the guardian of said incompetent, are taken as proved. It is established that Eugene J. Lynch is unable to support himself and is a poor person without any property of his own; that he is the only child of the incompetent, and is twenty-four years of age. That he has always been supported by his mother, and it is her present desire that he continue to be supported out of the funds of her estate, which is ample to provide for her support and for his also, the surplus of annual income after providing for the incompetent being from $6,000 to $8,000.

The sole question presented is: Has the court authority to make such an allowance under the laws of this state?

The general rule under which the obligation to support arises is stated in section 206 of the Civil Code. “It is the duty of the father, the mother, and the children of any poor person who is unable to maintain himself by work to maintain such person to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is binding.”

The powers and duties of guardians, so far as they are concerned in…