Greene v. Superior Court

I dissent as I find no justification for declaring, as does the majority opinion, that “the San Francisco court has no jurisdiction to appoint a guardian of the persons of Ellen C. Greene and Luther M. Greene. ’ ’ Such jurisdiction is clearly conferred upon that court by the provisions of section 1440 of the Probate Code, and every case which has dealt with the subject has held that such jurisdiction is not affected by the existence of a prior decree in a divorce action awarding custody of the minors. (Guardianship of Phillips, 60 Cal.App.2d 832 [141 P.2d 773]; Guardianship of Burket, 58…